OSHA Instruction CPL 2.73 FEB 3, 1986 Office of General Industry Compliance Assistance

Subject: Fireworks Manufacturers: Compliance Policy

A. Purpose. This instruction implements guidelines for the safety inspection of Fireworks Manufacturers under the National Emphasis Program (NEP).

B. Scope. This instruction applies OSHA-wide.

C. Reference. 1. OSHA Instruction CPL 2.45A, April 18, 1983.

2. OSHA Instruction CPL 2.67, August 8, 1985.

D. Action. Regional Administrators and Area Directors shall ensure that the procedures established in this instruction are adhered to in scheduling programmed inspections.

E. Federal Program Change. This instruction describes a Federal program change which affects State programs. Each Regional Administrator shall:

1. Ensure that this change is promptly forwarded to each State designee

2. Explain the technical content of this change to the State designee as requested.

3. Ensure that State designees are asked to acknowledge receipt of this Federal program change in writing, within 30 days of notification, to the Regional Administrator. This acknowledgment should include a description either of the State's plan to implement the change or of the reasons why the change should not apply to that State.

4. Review policies, instructions and guidelines issued by the State to determine if this change has been communicated to State program personnel.

Page 1

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

F. Background. The Occupational Safety and Health Administration (OSHA) has established a National Emphasis Program (NEP) for the safety inspection of all fireworks manufacturers by the end of FY 1986. (See OSHA Instruction CPL 2.67.)

1. All current OSHA regulations, standards, and field operation procedures, as modified by the guidelines given in this instruction, apply to the conduct of these NEP inspections in the same way that they apply to any other inspection.

2. While there are no comprehensive and detailed OSHA standards applying specifically to the fireworks manufacturing industry, several general standards under CFR 1910.109 do apply.

3. The National Fire Protection Association (NFPA) has issued a consensus standard for the industry, Code for the Manufacture, Transportation, and Storage of Fireworks, NFPA 1124, published in 1984. This code is based on an earlier 1974 edition with the same title, but designated as NFPA 44A.

4. The agency's general policy on the use of consensus standards not adopted by OSHA has been stated in the Field Operations Manual (FOM), Chapter IV, A. 2. b. (2), under the General Duty clause, Section 5(a) (1) of the Occupational Safety and Health Act of 1970.

a. That policy is that OSHA will cite consensus standards when industry recognition of the hazards is established. That is generally accomplished when the industry itself, or its representatives, have participated on the committee drafting the consensus standards.

b. The American Pyrotechnics Association was represented on the NFPA Committee on Pyrotechnics as well as at least one manufacturer.

c. These factors provide evidence that those hazards addressed within NFPA 1124 are recognized as such within the fireworks manufacturing industry.

Page 2

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

5. OSHA will cite serious violations of the NFPA 1124 consensus standard under 29 CFR 1910.109(b) (1) in accordance with the guidelines given in 1.2.

6. The fireworks manufacturing industry is also regulated in part by the Bureau of Alcohol, Tobacco and Firearms (BATF) of the Department of the Treasury. The relevant jurisdictional issues have been discussed in OSHA Instruction CPL 2.67.

a. It should be noted that BATF regulates only Class B fireworks, not Class C. (See Appendix B, pp.B-2 and -3) OSHA, therefore, has sole jurisdiction with regard to Class C fireworks.

b. CSHOs shall be familiar with BATF requirements for Class B fireworks and shall be watchful for apparent violations of those requirements. If any are observed, referrals shall be made to the local BATF office as soon as practicable.

c. Such referrals shall be made by personal contact, followed by a referral letter to both the local field office and the National BATF Office. (See Appendix C, p. C-2.)

G. Scope. There are some restrictions currently applying to enforcement activity within the fireworks industry, as outlined in OSHA Instruction CPL 2.67. The current Appropriations Act exempts from coverage under the NEP employers classified in certain SIC codes, including 2899, if they employ fewer than 11 workers. However, employers having fewer than 11 employees on site the day of an inspection are included in the program if, at any time of the year, they employed more than 10 employees.

1. The NEP applies to:

a. All fireworks manufacturing employers employing more than 10 employees at any time during the year;

b. All fireworks importers, dealers, and users who also manufacture or assemble the final fireworks product;

c. Both licensed and unlicensed manufacturers.

Page 3

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

2. With regard to unlicensed manufacturers, however, if CSHOs become aware of such a facility and there is reason to believe that it is required to be licensed, they shall NOT attempt to inspect the facility but instead shall notify BATF as soon as practicable.

3. In addition, if CSHOs determine, during the inspection of a licensed facility, that illegal fireworks a re being manufactured, they shall report this information to the BATF at the conclusion of the inspection. They shall NOT discuss the illegality of these devices with the employer.

NOTE: Two of the most common illegal fireworks devices are M-80's and cherry bombs. (See Appendix B for a description of these devices.)

H. Full-Service Activities. The agency has a special emphasis consultation program in the fireworks manufacturing industry. (See OSHA Instruction TED 3.6.) CSHOs shall make every effort to help employers improve the safety and health conditions in their establishments.

NOTE: In the event that a CSHO finds a consultant onsite at the time of arrival, the consultant's visit shall be terminated in favor of the compliance inspection under 29 CFR 1908.6 (b) (2) (v) Fireworks inspections have been determined by the Assistant Secretary to be an "other critical inspection."

1. Even where OSHA will not be issuing citations, fireworks manufacturers shall be encouraged to implement all recommendations of NFPA 1124 as well as those of other applicable consensus standards.

2. During NEP site visits, CSHO's should also refer employers to other appropriate NFPA standards, such as NFPA 68-1978, Guide for Explosion Venting; NFPA 69-1978, Standard on Explosion Systems Prevention; NFPA 77-1933, Recommended Practices on Static Electricity; NFPA 79-1983, Lighting Protection Code; NFPA 220-1979, Standard on Types of Building Construction; NFPA 498-1982, Standard for Explosives Motor Vehicle Terminals.

I. Inspection Guidelines. Workers in fireworks manufacturing facilities are confronted by both safety and health hazards,

Page 4

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

but by far the greatest threat comes from fires and explosions. The material that follows identifies and classifies these hazards, the engineering and work practice controls and the personal protective equipment that can be used to minimize them and the enforcement policy governing the issuance of citations as a result of hazards found during inspections conducted under the NEP.

1. General Citation Policy. When inspecting fireworks facilities as part of this NEP, CSHOs shall cite violations of OSHA standards wherever they are applicable.

a. OSHA standards are applicable to fireworks manufacturing facilities, including some provisions of 29 CFR 1910.109, Explosives and Blasting Agents.

b. Serious violations of applicable requirements of the recognized industry standard, NFPA 1124, shall be cited under 29 CFR 1910.109,(b) (1) of the Explosives and Blasting Agents standard, which states:

No person shall store, handle, or transport explosives or blasting agents when such storage, handling, and transportation of explosives or blasting agents constitutes an undue hazard to life.

c. Such violations shall not be cited under the general duty clause of the Act (Section 5 (a) (1)).

d. The SAVE for such citations shall be as follows:

29 CFR 1910.109(b) (1): Explosives or blasting agents were stored, handled or transported in such a manner as to constitute an undue hazard to life:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITIONS) (DESCRIBE THE HAZARD AND SPECIFY THE NATIONAL CONSENSUS STANDARD AND PARAGRAPH WHICH RECOGNIZES THE HAZARD)

e. Since the standard addresses three hazard areas: storage, handling, and transportation, 29 CFR

Page 5

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

1910.109(b) (1) may be cited separately for storage (Class C fireworks) violations, for handling (manufacturing) violations, and for transportation violations.

2. Citations Under 29 CFR 1910.109(b) (1). The citation of 29 CFR 1910.109(b) (1) is, for all practical purposes, equivalent to citations under Section 5(a) (1) and under other general standards, such as 1910.132 (a)

a. Consequently, the proof elements outlined in FOM Chapter IV, A.2, shall be addressed to establish a violation of 29 CFR 1910.109(b) (1)

b. In addition, proof of industry practice, such as is required for other general standards, shall also be obtained for violations of 29 CFR 1910. 109 (b) (1).

(1) For the purpose of building a file of current industry practice, CSHOs inspecting fireworks manufacturing establishments shall document all observed good safety and health practices on the OSHA-1A, with particular, though not exclusive, attention to those practices recommended by NFPA 1124.

(2) Copies of all OSHA-1As documenting such good practices by fireworks manufacturers shall be forwarded by the Area Director to the Director of Technical Support through the Regional Administrator and the Director of Field Operations for entry into the appropriate data base.

(3) In the event of a contested case, the Regional Administrator may contact the Director of Technical Support for copies of relevant OSHA-1As.

c. 29 CFR 1910.109(b) (1) , by its very language, "undue hazard to life," requires that any violation be serious before it can be cited. Other-than-serious hazards, therefore, may not be cited.

J. Safety Hazards. As noted in I.2.c, only serious violations of NFPA 1124 requirements may be cited under 29 CFR 1910.

Page 6

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

109(b) (1). In the following discussion, those requirements of NFPA 1124 that may be classified as serious are indicated by the use of the word, shall, and those which cannot be cited are identified by the use of the word, should.

NOTE: 1. It is recognized that NFPA 1124 itself uses "shall"

consistently. In accordance with the language of 29 CFR 1910.109(b) (1), however, only hazards judged to be serious can be cited; and only those are denoted with "shall" in the paragraphs that follow.

2. The hazards denoted with "should" in the following paragraphs are not to be ignored, however, even though they cannot be cited. CSHOs shall urge employers to implement all of the recommendations found in the consensus standard.

1. Construction of Buildings. All process buildings on a fireworks manufacturing site should be constructed so as to reduce the danger to employees of fires and explosions.

a. Such buildings should not exceed one story in height and should be built without basements or subfloors (NFPA 1124, paragraph 2-7.2).

b. The same code requires breakaway construction; i.e., deliberate construction of one weak wall or roof that will give easily in the event of an explosion (NFPA 1124, paragraph 2-7.1). The weak wall should be built facing away from other process or storage buildings, so that any explosion will be directed away from other explosive materials.

c. Process buildings should have interior wall and ceiling surfaces that are smooth and free of cracks and crevices (NFPA 1124, paragraph 2-7.3).

d. The interior finish of process buildings should be made of material that is noncombustible or of limited combustibility (NFPA 1124, paragraph 2-7.3). There should be no exposed nailheads.

Page 7

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

e. Wall joints and openings for wiring, plumbing, and other utilities should be sealed to prevent dust from entering the building (NFPA 1124, paragraph 2-7.3.1).

f. The number and extent of horizontal ledges and surfaces on which dust could settle and accumulate should be minimized (NFPA 1124, paragraph 2-7.4).

g. The floors and work surfaces of process buildings should not have cracks or crevices where particles of explosive material could lodge (NFPA 1124, paragraph 2-7.5).

NOTE: Although J.1.c. and J.1.e. through g. are recommendations in themselves, they may serve as a basis for a citation of 29 CFR 1910.22 if there is a measurable buildup of explosive composition. (See J.10.)

2. Egress and Minimum Occupancy Requirements. Egress standards (1910.36 and 37) apply to all buildings on fireworks manufacturing sites and shall be cited if violated. Particular attention shall be paid to the following recommendations:

a. From every point in every undivided floor area of more than 100 square feet, there should be at least two remotely located exits (NFPA 1124, paragraph 2-8.2 (a))

b. Where process buildings are divided into rooms, there should be at least two means of escape from each room of more than 100 square feet (NFPA 1124, paragraph 2-8.2(b))

EXCEPTION: Toilet rooms need have only one exit, provided they are located away from or suitably shielded from process areas.

c. Exit doors should open outward and should be capable of being Pressure-actuated from the inside (NFPA 1124, paragraph 2-8.2(d))

d. The number of occupants in any process building and in any magazine should not exceed the number

Page 8

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE necessary for the proper conduct of production operations (NFPA 1124, paragraph 2-10.1).

e. The maximum number of occupants permitted in any process building and in any magazine should be posted in a conspicuous location in each process building or magazine (NFPA 1124, paragraph 2-10.1.1)

3. Minimum Safe Distances. One of the most important features of plant layout from the point of view of protecting employees from the effects of fires and explosions is the strict observance of minimum separation distances between different process buildings.

a. The minimum distances that shall be maintained between different process buildings and between process buildings and nonprocess buildings are shown in columns 3 and 4 of Table 1.

b. CSHOs shall cite apparent violations of the distance requirements in column 4 up to 500 pounds of explosives and pyrotechnic material. Using available data, CSHOs shall determine the quantity and type of explosive or pyrotechnic material being handled so that they can use the minimum safe distances table appropriately.

NOTE: Violations involving more than 500 pounds shall be referred to BATF in accordance with J.5.

c. Violations of the distance requirements of column 3 apply to assembled Class C devices and shall be cited only if a serious hazard is documented.

d. Separation distances required to be maintained between magazines and process and nonprocess buildings at a fireworks plant are shown in columns 1 and 2 of Table 1.

e. CSHOs shall cite apparent violations of the distance requirements between magazines or storage buildings and process and nonprocess buildings shown in column 2 up to 500 pounds of explosive or pyrotechnic composition.

Page 9

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

Table 1

Minimum Separation Distances at Fireworks Manufacturing Plants

___________________________________________________________________________

Distance of Magazines and Storage Distance Between Process Buildings from Buildings and Between Net Weight Process Buildings and Process and Fireworks1 Nonprocess Buildings4 Nonprocess Buildings

___________________________________________________________________________

Class C Class B Class C Class B

Fireworks2 Fireworks3 Fireworks2 Fireworks3 Pounds Feet Feet Feet Feet

100 30 30 37 57 200 30 35 37 69 400 30 44 37 85 600 30 51 37 97 800 30 56 37 105 1,000 30 60 37 112 2,000 30 76 37 172 3,000 35 87 48 222 4,000 38 95 60 264 5,000 42 103 67 300 6,000 45 109 72 331 8,000 50 120 78 382 10,000 54 129 82 423

__________________________________________________________________________

1 Net weight is the weight of all pyrotechnic and explosive compositions and fuse only.

2 Distances apply with or without barricades or screen-type barricades.

3 Distances apply only with barricades or screen-type barricades.

4 Distances include those between magazines, between storage buildings, between magazines and storage buildings, and between magazines or storage buildings from process buildings and nonprocess buildings.

Adapted from National Fire Protection Association, 1984, Manufacture, Transportation, and Storage of Fireworks, NFPA No. 1124, p. 8.

Page 10

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

NOTE: Violations involving more than 500 pounds or incorrect distances between magazines or storage buildings shall be referred to BATF in accordance with J.5.

f. Violations of the distance requirements in column 1 apply to assembled Class C fireworks and shall be enforced only when a serious hazard is documented.

g. OSHA strongly recommends that the quantity/distance table also apply to outside process areas. Such areas should also be separated in accordance with the quantity/distance table.

4. Use of Barricades. The use of artificial or natural barricades to screen magazines and buildings on site from the effects of an explosion in a magazine or process building is strongly recommended.

a. In the case of Class B fireworks, the minimum separation distances specified in Table 1 apply only when barricades are used.

b. If barricades are not used, separation distances shall be doubled in accordance with the American Table of Distances, published by the Institute of Makers of Explosives, 1971.

5. Handling of Pyrotechnic Materials in Production. BATF has a regulation pertaining to the manufacturing and assembling of finished Class B fireworks:

The quantity of explosive materials that may be kept outside of an approved magazine during a day's manufacturing or assembling operations is limited. Furthermore, at the conclusion of a day's operations all partially and fully assembled special (Class B) fireworks and their ingredients shall be placed in proper storage (BATF Rule 85-13).

a. BATF has interpreted this rule as follows:

(1) No more than 10 pounds of flash powder and no more than 500 pounds of other explosive materials used in special fireworks may be

Page 11

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

kept outside of an approved magazine and in a processing building or area during a day's manufacturing or assembling operations; and

(2) Dry explosive powders and mixtures, unfinished special fireworks, and individual special fireworks articles and packaged display segments received into packing buildings or areas for sorting, temporary storage, and packing into complete display units shall be stored in approved magazines in accordance with 27 CFR Part 55, at the conclusion of a day's manufacturing, assembling, or processing operations.

b. CSHOs shall be aware of these limitations when conducting NEP inspections, and shall report apparent violations to the local BATF office as soon as practicable.

(1) No more than 500 pounds of pyrotechnic and explosive composition shall be permitted at any one time in any mixing building or in any building or area in which the composition is pressed, dried, or otherwise prepared for finishing and assembly (NFPA 1124,paragraph 2-10.2). Violations involving regulated materials covered under J.5.a. shall be referred to BATF.

(2) No more than 500 pounds of pyrotechnic and explosive composition shall be permitted at any one time in a finishing or an assembly building (NFPA 1124, paragraph 2-10.3). Violations involving Class B devices shall be referred to BATF.

c. CSHOs shall handle infractions of the following rules for the safe handling of pyrotechnic materials (both Class B and Class C fireworks), as appropriate: by referral, by citation, using 29 CFR 1910.109(b) (1), or by recommendation:

(1) Oxidizers shall not be stored in the same building with combustible powdered materials such as charcoal, gums, metals, sulfur, and

Page 12

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

antimony sulfide (NFPA 1124, paragraph 2-11.7)

EXCEPTION: Oxidizers in use in the manufacturing process may be located in the same building as fuels and binding agents also being used in production.

(2) Finished fireworks shall be removed to a magazine or storage building regularly, and at least once daily, from the process building in which they are assembled, to minimize the amount of pyrotechnic material in the building. The 500 pound limitation shall be strictly adhered to for Class B fireworks and violations referred to BATF. Violations for Class C fireworks may be cited only if serious hazards are documented.

(3) No finished fireworks shall be stored in a process building. Violations involving Class a fireworks shall be referred to BATF; violations involving Class C fireworks may be cited only if a serious hazard is documented.

(4) All explosive or pyrotechnic materials except the amounts in actual production should be kept in covered containers.

6. Electrical Equipment. The requirements of Subpart S apply in fireworks manufacturing facilities and shall be cited if violations are observed.

a. The National Electrical Code and Subpart S of the General Industry standards do not specifically classify locations where explosive or pyrotechnic dusts are present. No assurance can be given that any electrical equipment currently approved for hazardous locations is safe for use with explosive or pyrotechnic materials.

(1) NFPA 1124 requires that electrical devices used in fireworks manufacturing process buildings be suitable for Class II, Division 1, Group E locations.

Page 13

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

(2) CSHOs, therefore, shall enforce the requirements of 29 CFR 1910.307 whenever explosive or pyrotechnic dusts are present.

b. NFPA 1124 may be used as supporting documentation whenever electrical standard violations are cited.

7. Control of Other Ignition Sources. Careful attention shall be given to potential sources of ignition, particularly in areas where loose composition is likely to be present.

a. Stoves, exposed flames, and electric heaters shall not be permitted in any building where fireworks or fireworks components are or may be present (NFPA 1124, paragraph 2-9.1).

b. Heating shall be provided by steam, hot water, or indirect hot air radiators (or by any other means acceptable to the authority having jurisdiction) (NFPA 1124, paragraph 2-9.2).

c. Where electrical matches (squibs) are attached to Class B fireworks, the exposed ends of the electric match shall be shunted (twisted together)

d. Employees working in mixing or pressing areas shall be provided with and shall wear cotton clothing with nonferrous fasteners and conductive footwear to reduce the danger of generating static electricity (NFPA 1124, paragraph 2-11.4). Violations shall be cited under 29 CFR 1910.132 (a)

e. Methods shall be in place to drain off any accumulated static electrical charges.

(1) The floors and work surfaces in all mixing and pressing buildings shall be made of conductive material (or have anti-static mats) and be properly grounded (NFPA 1124, paragraph 2-7.5).

(2) To avoid producing sparks, only nonsparking tools shall be used when they are likely to be in contact with loose explosives or

Page 14

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

pyrotechnic material and should be used in all other areas where explosive or pyrotechnic materials are present (NFPA 1124, paragraph 2-11.6).

f. The following practices are recommended for the control of static charges:

(1) A grounded touch plate or rod should be located at the entrance of every mixing and pressing building.

(2) Fiberboard containers without exposed metal parts should be used for the storage of explosives or pyrotechnic mixtures.

(3) Plastic or nongrounded metal containers should NOT be used to store explosive or pyrotechnic materials.

g. Ferrous materials, such as furnishings, tools, equipment and personal items, should be carefully regulated and controlled by strictly enforced work rules.

8. Fire Protection and Emergency Procedures. The requirements of Subpart L, Fire protection (29 CFR 1910.155 -1910.165) apply and are appropriate to fire safety in fireworks manufacturing facilities.

a. Because of the seriousness of the fire and explosion hazards at fireworks facilities, OSHA strongly encourages employers to elect to establish and implement a written emergency action/fire prevention plan that requires the immediate and total evacuation of employees from the workplace; this plan must meet the requirements of 29 CFR 1910.38.

b. Employers who do not elect this option shall provide portable fire extinguishers meeting the requirements of 29 CFR 1910.157 in all buildings.

EXCEPTION: When extinguishers are not located in buildings in which explosive or pyrotechnic mixtures are present (NFPA 1124, paragraph 2-

Page 15

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

12.1), such a condition shall be considered as "de minimis."

c. Each plant should have formal emergency procedures. Such procedures should include employee instruction and training and should be applicable to all anticipated emergencies (NFPA 1124, paragraph 2-12.2).

d. An emergency warning signal should be established (NFPA 1124, paragraph 2-12.2).

e. Employees should be instructed to abandon fire fighting efforts if the fire involves or may spread to explosive or pyrotechnic compositions or devices. In such cases, employees should be instructed to evacuate the building immediately and to alert other plant personnel (NFPA 1124, paragraph 2-12.3.1).

9. Use of Smoking Materials. Employers are required to ensure that their employees comply with the following practices at all times:

a. Smoking materials shall not be carried into or in the vicinity of process buildings or areas. Personnel shall deposit all smoking materials at a suitable location in a nonprocess building immediately upon entering the plant (NFPA 1124, paragraph 2-11.2).

b. Smoking shall be permitted only in office buildings or in buildings used exclusively as lunch rooms or rest rooms and in which the presence of explosive or pyrotechnic materials is prohibited (NFPA 1124, paragraph 2-11.2.1).

c. Authorized smoking locations shall be so marked, shall contain suitable receptacles for disposal of smoking materials, and shall be provided with at least one approved portable fire extinguisher suitable for use on Class A fires (NFPA 1124, paragraph 2-11.2.2), unless the employer has an emergency action plan and a fire prevention plan meeting the requirements of 29 CFR 1910.38.

Page 16

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

10. Good Housekeeping. OSHA's housekeeping standards (1910.22 (a) (1) , (2) , and (3)) shall be enforced at fireworks manufacturing facilities, and shall be cited as serious whenever an explosion hazard can be documented.

a. Accumulation of flammable and combustible waste material and residues shall be controlled so that they do not contribute to a fire emergency.

b. Accumulations of dust shall be minimized and shall not be allowed to build to measurable levels.

c. Spills of explosive or pyrotechnic composition shall be immediately cleaned up and removed from the building.

NOTE: The spilled material shall be destroyed by immersion in water or by burning in a manner acceptable to the authority having jurisdiction (NFPA 1124, paragraph 2-11. 1.1)

e. The following good safety practices are recommended:

(1) To prevent the buildup of combustible dust, a properly designed and approved general or local ventilation system should be used.

(2) Dust generated in the manufacturing process should be removed regularly in a safe manner; e.g., using a wet method.

(3) Rags, combustible scrap, and paper should be kept separate from waste explosive or pyrotechnic materials.

(a) Both should be kept in approved, marked containers until removed from the building.

(b) All such disposal containers should be removed from buildings on a daily basis and be removed from the plant at regular intervals (NFPA 1124, paragraph 2-11.1. 2)

Page 17

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

11. Onsite Transportation of Explosive and Pyrotechnic Material. Certain sections of the transportation of explosives standard (29 CFR 1910.109(d)) apply to fireworks manufacturing establishments.

a. 29 CFR 1910.109(d) (1) (i) and (d) (2) (i) apply to onsite transportation of explosive and pyrotechnic material at fireworks manufacturing facilities.

b. 29 CFR 1910.109(d) (2) (iv) applies to vehicles used for onsite transportation of explosive and pyrotechnic materials at fireworks manufacturing facilities as well as to vehicles used in and around such materials.

c. The use of spark-arresting exhaust devices is recommended when vehicles may be in an area where explosive or pyrotechnic material is present.

12. Storage of Common (Class C) Fireworks. Although BATF has jurisdiction over the storage of special (Class B) fireworks, OSHA has jurisdiction over the storage of common (Class C) fireworks.

a. OSHA is precluded from enforcing the storage requirements of 29 CFR 1910.109(c) BATF-regulated explosive compositions and for Class B fireworks storage. CSHOs shall be familiar with BATF regulations and shall make referrals when apparent violations are observed.

b. 29 CFR 1910.109(c) requirements pertaining to the storage of explosives are not applicable to Class C fireworks.

c. CSHOs shall enforce the requirements governing the storage of Class C fireworks found in Chapter 4 of NFPA 1124. Apparent serious violations of the requirements below shall be cited under 29 CFR 1910.109(b) (1).

(1) Common fireworks shall be stored in buildings constructed to resist fire from an external source and should be weather-resistant and theft-resistant (NFPA 1124, paragraph 4-2.1).

Page 18

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

(2) They shall be so stored at all times unless in the process of manufacture, packaging, or being transported (NFPA 1124, paragraph 4-1.1)

(3) Storage buildings for Class C fireworks may be a building, igloo, box, trailer, semi-trailer, or other mobile facility (NFPA 1124, paragraph 4-2.1).

(4) Smoking, matches, open flames, spark-producing devices and firearms shall not be permitted inside of or within 25 feet of a Class C storage building (NFPA 1124, paragraph 4-3.10).

EXCEPTION: Firearms carried by authorized guards.

d. In addition, the employer should observe the following recommended industry practices:

(1) Storage buildings should be provided with explosion venting (NFPA 1124, paragraph 4-2.2).

(2) All openings should be equipped with a means for locking (NFPA 1124, paragraph 4-2.3).

(3) All doors should open outward (NFPA 1124, paragraph 4-2.4).

(4) Wall receptacles should not be permitted, and light fixtures in the immediate vicinity of pyrotechnic materials should have guards (NFPA 1124, paragraph 4-2.5.1).

13. Site Security. CSHOs should be aware of the following site security measures:

a. The plant should be completely surrounded by a substantial fence having a minimum height of 6 feet. Only office buildings containing no processing or storage may be located outside this fence (NFPA 1124, paragraph 2-5.1).

Page 19

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

b. All openings in the fence should have suitable gates that should be kept closed and securely locked at all times when not actually in use (NFPA 1124, paragraph 2-5.2).

EXCEPTION: The main plant entrance may be left open during regular plant operating hours,provided it is in full view of and under observation by an authorized responsible employee or guard.

c. Conspicuous signs indicating "WARNING -- NO SMOKING -- NO TRESPASSING" should be posted along the fence at intervals not exceeding 50 feet (NFPA 1124, paragraph 2-5.3).

d. Only authorized employees or representatives of Federal, State, or local agencies having jurisdiction over the plant should be allowed in the plant without special permission of the person in charge of the plant (NFPA 1124, paragraph 2-5.4)

14. Communication of Hazards to Employees. Employers of fireworks manufacturing facilities are covered by the Hazard Communication standard (29 CFR 1910.1200) Specific requirements for employee information and training and signs and labels shall be enforced when they become effective.

15. Hygiene Facilities and Procedures. The requirements of 1910.141 shall be met by each manufacturing facility.

a. Employers at fireworks facilities are required to provide change rooms for employees, who shall not be allowed to wear work clothing outside the plant if the clothing is seriously contaminated with explosive or pyrotechnic material (NFPA 1124, paragraph 2-11.4.1 and .2).

b. The following facilities and procedures are recommended:

(1) Provision of shower facilities for employees (NFPA 1124, paragraph 2-11.4.1).

Page 20

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

(2) Frequent laundering of work clothing to prevent accumulation of explosive or pyrotechnic composition (NFPA 1124, paragraph 2-11.4.2)

K. Health Hazards. The potential health hazards to which employees in fireworks manufacturing plants may be exposed range from nuisance dust to highly toxic dusts and fumes.

1. Table 2 lists some of the chemical compounds with which these workers may come in contact during the production of fireworks, and also describes the conditions of use under which these compounds are hazardous. There are no OSHA exposure limits for many of these chemicals.

2. As a matter of general policy, OSHA will NOT take personal, area, or batch samples to monitor for health hazards in plant locations where fire or explosion hazards exist; this policy is designed to protect both the CSHOs and the fireworks manufacturing employees.

a. Wipe samples may be taken for the purpose of identifying the material present whenever necessary. Proper procedures shall be observed in taking such samples.

b. Personal samples may be taken only where there is no significant explosion potential; e.g., in a fuse manufacturing area.

c. In areas of significant airborne dust levels, the CSHO shall document accumulations of dust and shall cite under the housekeeping requirements. (See J.10.)

3. Personal Protective Equipment. The current standards regarding the use of personal protective equipment apply to manufacturers of fireworks.

a. OSHA recommends that fireworks manufacturers provide their employees with appropriate respiratory protection and require that their employees wear such protective equipment as specified.

Page 21

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

Table 2

      Occupational Hazards Encountered by Employees in
             Fireworks Manufacturing Facilities

___________________________________________________________________________

Fire/ Conditions Under Substance Explosion Which Substance Health Hazard Hazard Is Hazardous

___________________________________________________________________________

Aluminum Yes May explode with liberation Dermatitis,bronchial powder of hydrogen in contact with asthma, shortness of water, acids, or alkalis; breath,cough, gastro- hazardous reaction with metal intestinal pain, and oxides. pulmonary fibrosis.

___________________________________________________________________________

Ammonium Not compatible with many When heated,gives off chloride oxidizers. poisonous gases.

___________________________________________________________________________

Ammonium Yes Oxides-of-nitrogen gases Moderately toxic; brief nitrate (except nitrous oxide) skin contact can cause emitted on decomposition inflammation or burns. are extremely toxic.

___________________________________________________________________________

Ammonium Yes Strong oxidizer, shock Releases toxic fumes perchlorate sensitive. Highly ignitable strong skin irritant.

when combined with combust-

ible materials, metallic powders, or organic materials. Forms explosive mixtures with ammonium sulfate or ammonium nitrate and metal powders.

___________________________________________________________________________

Arsenic Extremely toxic and disulfide poisonous powder; avoid inhalation, ingestion.

___________________________________________________________________________

Page 22

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

Table 2 (continued)

Occupational Hazards Encountered by Employees in

Fireworks Manufacturing Facilities

___________________________________________________________________________

Fire/ Conditions Under Substance Explosion Which Substance Health Hazard Hazard Is Hazardous

Barium Yes May ignite when mixed with Dermatitis, eye irrita- chlorate combustible, organic, or tion, upper respiratory other easily oxidizable tract irritation, materials. systemic poisoning with severe gastrointestinal pain, vomiting, paraly- sis, cyanosis.

___________________________________________________________________________

Barium Yes Can flame up and explode Highly toxic. nitrate when mixed with certain fuels and ignited. Emits toxic nitrogen oxides on decomposition.

___________________________________________________________________________

Black Powder Yes Moderately toxic; avoid

inhalation, ingestion. ___________________________________________________________________________

Carbon black Yes Dust may cause explosion. Can cause irritation of

eyes, conjunctivitis, corneal hyperplasia, eczema of eyelids, bron- chitis, lung tumors.

___________________________________________________________________________

Copper Extremely toxic poison; acetoarsenite known carcinogen (Paris Green)

___________________________________________________________________________

Hexachlorobenzene Carcinogen ___________________________________________________________________________

Page 23

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

Table 2 (continued)

Occupational Hazards Encountered by Employees in

Fireworks Manufacturing Facilities

___________________________________________________________________________

Fire/ Conditions Under Substance Explosion Which Substance Health Hazard Hazard Is Hazardous

___________________________________________________________________________

Lead compounds Detrimetal effects (chromate, to kidney, blood, and dioxide, oxide, nervous system; avoid tetroxide inhalation; blood monitoring required.

___________________________________________________________________________

Magnesium and Yes Powder forms explosive Upper respiratory magnesium mixture in air. Reacts tract irritant; may oxide with water forming hydrogen. cause metal fume Finely divided powder may fever. explode on contact with water, oxidizing materials, halogens, and acids.

___________________________________________________________________________

Phosphorous Yes Explodes when mixed with Fumes are highly

toxic. (red) oxidizing agents.

___________________________________________________________________________

Phosphorous Yes Emits acrid fume when Avoid inhalation; (yellow) exposed to air. irritating to skin, eyes.

___________________________________________________________________________

Potassium Yes Forms explosive mixtures Nausea, vomiting, chlorate with combustible, organic, abdominal pain, or other easily, oxidizable hypotension, cyanosis, materials; sensitive to jaundice, hemo- friction and heat. globinuria, seizures.

___________________________________________________________________________

Potassium Corrosive effect on dichromate mucous membranes; pos-

sible carcinogen ___________________________________________________________________________

Page 24

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

Table 2 (continued)

Occupational Hazards Encountered by Employees in

Fireworks Manufacturing Facilities

Fire/Conditions Under Substance Explosion Which Substance Health Hazard Hazard Is Hazardous

___________________________________________________________________________

Potassium Yes Increases flammability of Nausea, diarrhea, nitrate any combustible substance. muscular weakness, collapse.

___________________________________________________________________________

Potassium Yes Forms explosive mixtures Irritates skin and perchlorate with combustible, organic, upper respiratory or other easily oxidizable tract. materials.

___________________________________________________________________________

Sodium Yes Can ignite or explode if Can cause convulsions nitrate in contact with easily and paralysis.

oxidizable substances Increases flammability of any combustible substance.

___________________________________________________________________________

Sodium Toxic if inhaled oxalate or ingested.

___________________________________________________________________________

Strontium Highly toxic by oxalate ingestion or inhalation of fumes.

___________________________________________________________________________

Sulfur Yes Forms explosive mixture Conjunctivitis, skin

with oxidizing agents. inflammation, respira-

tory irritation. ___________________________________________________________________________

Titanium and Yes React with water and Hazardous when inhaled titanium carbon dioxide. or absorbed through dioxide skin.

___________________________________________________________________________

Page 25

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

Table 2 (continued)

Occupational Hazards Encountered by Employees in

Fireworks Manufacturing Facilities

Fire/ Conditions Under Substance Explosion Which Substance Health Hazard Hazard Is Hazardous

___________________________________________________________________________

Zirconium Yes Skin granulomas compounds

___________________________________________________________________________

Sources: Christensen 1972; Conkling 1985; County of Suffolk, New York, Police Department 1983; Environmental Information Center, Inc. 1978; Fringer et al. 1979; Mackison et al. 1978; McRae et al. 1978; National Fire Protection Association 1972.

Page 26

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

b. In most process areas of fireworks plants; e.g., in mixing and pressing areas, the appropriate respiratory equipment is a NIOSH-approved dust respirator. Filters should be changed regularly and disposed of properly.

L. Inspection Procedures.

1. Preinspection Preparation. The CSHO assigned to inspect a fireworks manufacturing facility under this NEP shall, before going on site:

a. Review, with the Area Director, any arrangements made with BATF and/or ESA personnel for joint site inspections.

b. Review any previous case files on the facility to be inspected, noting relevant details as to size of operation, number of employees, etc.

c. Discuss conditions at the site with the local BATF agent and State or local enforcement authorities having knowledge of the particular site scheduled for inspection. Any such authorities contacted shall be discreetly reminded of OSHA's statutory restrictions on advance notice.

2. Clothing and Equipment for Site Visit. The CSHO shall take particular care not to wear improper clothing nor to carry inappropriate equipment during the inspection of a fireworks facility.

a. Prohibited clothing and equipment include:

(1) Wool, silk, or nylon outer garments;

(2) High-heeled shoes, leather-soled shoes, and metal taps or exposed nails in or on shoes.

(3) Any testing equipment not specifically listed below unless approval has been obtained from the supervisor in advance.

b. Appropriate clothing and safety equipment include:

Page 27

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

(1) All-cotton outer garments; e.g., coveralls with nonferrous snaps, buttons, or zippers;

(2) Bureau of Mines-approved flashlight;

(3) Conductive footwear;

(4) Nonsparking tape measure; and

(5) Wooden ruler.

c. Additional items which may be used if available include:

(1) Chalk;

(2) Copper-coated magnets;

(3) Optical measuring device.

d. The use of cameras shall be allowed only with great care. Mechanical cameras without batteries and with no exposed ferrous parts may be used in the absence of suspended explosive or pyrotechnic dust. A telephoto lens is recommended for taking pictures where the CSHO believes that closer exposure may be hazardous.

3. Pre-Site-Visit Precautions. CSHOs shall observe the following precautions before beginning the opening conference:

a. Recheck personal safety procedures; e.g., clothing, shoes, safety equipment.

b. Remove all potential sources of ignition; e.g., lighters, cigarettes, matches, metal clipboards, metal pens and pencils, etc.

c. Park vehicle at safety distance.

d. In the event an electrical storm appears imminent, terminate the inspection until weather conditions improve.

4. Opening Conference. CSHOs shall take care to explain the NEP program fully to employers during the opening

Page 28

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

conference, answering all questions that they may have.

a. CSHOs shall inform employers that, if he/she observes any apparent violations of BATF or ESA regulations, they will be referred to the appropriate agencies.

b. CSHOs shall also ask employers and employees for help in identifying any unlicensed fireworks manufacturing facilities in the area. Any such facilities shall be referred to BATF.

c. Before beginning the walkaround inspection of the fireworks manufacturing plant, the CSHO shall

(1) Inspect the facility's Federal and other licenses and permits, which are normally required to be posted.

(2) Ask to review, for informational purposes, the records required to be kept by BATF as to type, amount, and use of explosives manufactured, stored, or distributed, including the amounts of each explosive used daily.

(3) Review diagram of plant layout, if available; otherwise , discuss layout with employer.

(4) Review company safety and health procedures.

(5) Determine amount of explosive and/or pyrotechnic material in each storage building or magazine and in each process and nonprocess building.

(6) Determine what operations are currently ongoing.

5. Walkaround Inspection Procedures. The inspection shall be conducted in accordance with the procedures outlined in the FOM and OSHA Instruction CPL 2.67.

REMEMBER: Do NOT handle explosive materials or pyrotechnic compositions yourself.

Page 29

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

6. Closing Conference. In addition to the usual elements of the closing conference, CSHOs conducting NEP inspections of fireworks facilities shall discuss the employer's safety and health procedures and recommend that the safe practices specified in NFPA 1124, Code for the Manufacture, Transportation, and Storage of Fireworks (1984), be observed.

Patrick R. Tyson Acting Assistant Secretary

DISTRIBUTION: National, Regional and Area Offices All Compliance Officers State Designees 7(c) (1) Project Managers NIOSH Regional Program Directors

Page 30

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

APPENDIX A

References

Bureau of Alcohol, Tobacco, and Firearms. Explosives Law and Regulations ,

ATF NO. P 5400.7. Washington, D.C. Bureau of Alcohol, Tobacco, and Firearms, November 1982.

Christensen, Herbert E. (ed.) The Toxic Substance List. Rockville,

Maryland: National Institute for Occupational Safety and Health, 1972.

Conkling, John A. Chemistry of Fireworks. Chemical and Engineering News

59:26, June 1981.

Conkling, John A. Chemistry of Pyrotechnics. New York: Marcel Dekker,

1985.

County of Suffolk, New York, Police Department. Supplementary Report:

Explosion of New York Pyrotechnic Co. Bellport, New York: Police Department, County of Suffolk, N.Y., November 27, 1983.

Environmental Information Center, Inc. Toxic Substances Sourcebook, Series

1. New York: Environmental Information Center, Inc., March 1978.

Fringer , J.M. , J.B. Willis, S.W. Snyder , and P.H. Errico. A Safe

Practices Manual for the Manufacturing, Transportation, Storage, and Use of Pyrotechnics. Developed by Tracor-Jitco, Inc., under Contract No. 210-77-0145-1 with the Division of Safety Research, National Institute for Occupational Safety and Health, Morgantown, West Virginia, 1979.

Lancaster, R. , T. Shimizu, R.E.A. Butler, and R.G. Hall. Fireworks:

Principles and Practice. New York: Chemical Publishing Co., Inc., 1972.

Lusardi, A. Federal and State Laws and Safety Considerations Relating to

Fireworks in the United States. Special Publication ARDCO-SP-82002. Dover, NJ: Army Armament Research and Development Command, Large Caliber Weapons Systems Laboratory, Energetic Materials Division, 1982.

Page A-1

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

Mackison , Frank W. , R. Scott Stricoff , Lawrence J. Partridge , Jr., and

A.D. Little, Inc., (ed.) NIOSH/OSHA Pocket Guide to Chemical Hazards. Washington, D.C.: U.S. Department of Health, Education, and Welfare, U.S. Department of Labor, 1978.

McLain, J.H. Pyrotechnics. Philadelphia: The Franklin Institute Press,

1980.

McRae, Alexander , and Leslie Whelchel (ed .) Toxic Substances Control

Sourcebook. Germantown, Maryland: Aspen Systems Corp., 1978.

National Fire Protection Association. Code for the Manufacture,

Transportation, and Storage of Fireworks, Code No. 1124. Boston, Massachusetts: National Fire Protection Association, 1984.

National Fire Protection Association. Hazardous Chemical Data, Code No.

49. Boston, Massachusetts: National Fire Protection Association, 1972.

National Fire Protection Association. Model State Fireworks Law, NFPA No.

112IL. Boston, Massachusetts: National Fire Protection Association, 1981.

Timoney, T. Explosion at New York fireworks plant kills two. Fire Journal

78:4, July 1984.

Page A-2

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

APPENDIX B

Glossary of Industry Terms

Barricade A natural or artificial barrier that will effectively screen a magazine, building, railway, or highway from the effects of an explosion in a magazine or building containing explosives. To be effective, a barricade must be of such height that a straight line from the top of any sidewall of a magazine or building containing explosives to the eave line of any magazine or building, or to a point 12 feet (3.7 m) above the center of a railway or highway, will pass through the barricade.

Battle in the Clouds An aerial noise effect that occurs when a

shell carrying a number of consecutively fused salutes bursts. The series of cracks gives the effect of a volley of musket fire. (See Salute.)

Binder A material added to a pyrotechnic composition to hold it together.

Black Powder A mixture of potassium nitrate, sulfur and

charcoal that is ground together for hours by a heavy grinding wheel. Formerly called gunpowder, its tendency to corrode gun barrels led to its replacement by modern gunpowder, a different chemical mixture not used in fireworks. Black powder was invented before A.D. 1000, and is used in fireworks as a propellant. (See Flash Powder.)

Break An explosion of an aerial shell. A single shell may be manufactured to break as many as 10 times, although a shell that breaks four

Page B-1

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

or five times is frequently the highlight of a good small show.

Cherry Bomb An illegal type of firework, banned in 1966

because it contains so large a quantity of flash powder. It is a small red sphere, approximately 1-inch in diameter.

Choke The hole at the bottom of a sky-rocket that allows the gas formed by the ignition of the black powder inside to escape, thus thrusting the rocket skyward.

Chrysanthemum The symmetrical flower-like pattern seen when a spherical oriental shell bursts and throws out jets of color from a central point.

Classification The system, employed by the U.S. Department of Transportation to rank explosives, uses the amount and type of pyrotechnic composition as classification criteria.

Class A explosives, also known as "high explosives," are restricted to military and commercial use. Because of their high pyrotechnic composition content, they represent maximum hazard. Class A explosives include dynamite, nitroglycerin, picric acid, lead oxide, fulminate of mercury, black powder, blasting caps, and detonating primers.

Class B explosives, such as propellant explosives (including some smokeless propellants) , photographic flash powders, and some special fireworks, represent flammable hazard. Class a fireworks contain larger amounts of pyrotechnic material than Class C

Page B-2

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

fireworks, and are used only for licensed public displays.

Class C explosives include certain types of manufactured articles which contain Class A or Class B explosives, or both, as components but in restricted quantities. Class C fireworks , which contain very limited amounts of pyrotechnic composition, are intended for the general public and for backyard displays.

Colors The visual effect created by various chemicals used in the composition of stars. Five different colors are possible: magnesium or aluminum metal produces white, sodium salts produce yellow, strontium nitrate or carbonate makes red, barium nitrate or chlorate makes green (or copper salts a bluer green), and charcoal or iron produces orange. Blue is the most difficult color to produce. Ammonium perchlorate combined with copper salt makes the best blue, but the search continues for a compound that will make a better hue. (See Star.)

Comet (or Mine) A tube, as much as 2-and a half-inches in

diameter, that is attached to a wooden base. Upon ignition, the single star in the tube is thrust 50 to 100 feet in the air, where it continues to glow as it slowly drops.

Common or Small Fireworks Classified as Class C explosives by the U.S

Department of Transportation (DOT) , this class includes any small firework device designed primarily to produce visible or audible effects by combustion.

Page B-3

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

Cracker A serpentine roll of paper treated with black powder.

Drift Wood or plastic ramming rod.

Filling Machine Machine that measures the chemical, fills

the tube, and rams it.

Firecracker A small, noise-making cylinder, as long as 1 and-a-half inches, containing small amounts of pyrotechnic material. Some firecrackers are strung together and fused consecutively.

Fireworks Any device that produces visible or audible effects through combustion or explosion. The general term "fireworks" should not be confused with "firecrackers," which are a specific type of firework.

Fireworks Plant All lands, and buildings thereon, used for

or in connection with the manufacture or processing of fireworks; the term includes storage buildings used with or in connection with plant operation.

First Fire An easily ignitable composition used to

start the fuse.

Flash Powder A mixture, developed early in the twentieth

century, of potassium chlorate (or potassium perchlorate) , sulfur and aluminum. Unsuitable as a propellant, it explodes with a loud noise and is used in salutes and firecrackers. (See Black Powder.)

Flitter Sparkler A narrow paper tube filled with pyrotechnic

composition that produces color and sparks upon ignition. It has no fuse; the paper

Page B-4

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

at one end of the tube is ignited to make the device function.

Former Shape or form around which a tube is made.

Fountain A cylinder or cone containing a pyrotechnic composition. Upon ignition, a shower of colored sparks, and sometimes a whistling effect, is produced.

Fuse The wick used to ignite fireworks. The older type, still used in some oriental fireworks, consists of black powder rolled into fine tissue paper. The more advanced outer fuse material consists of a network of woven threads rather than tissue paper.

Gang Ram A device capable of ramming several tubes at

once.

Hand Charging Loading and ramming the tube by hand.

Lady Finger A small firecracker, about 3/4-inch long.

Lance A small tube, about 3/8-inch in diameter and 4 inches long, which is filled with color-producing chemicals. Lances contain the pyrotechnic material in set pieces and are lighted with quickmatch in order to provide simultaneous ignition to create pictures. (See Set Pieces.)

Loading Press A press that compacts the chemicals in the

tube.

M-80 An illegal type of firework, banned in 1966 because it contains so large a quantity of flash powder. As long as 2 inches in

Page B-5

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

length, the M-80 is usually a red cylinder with a fuse projecting from the side. The name "M-80" derives from its military designation.

Magazine Any building or structure other than an explosive manufacturing building, designed and/or approved for the storage of explosive materials.

Manufacture The mixing of pyrotechnics and the loading and assembling of these chemicals.

Mixing Building Any building used primarily for mixing and

blending of pyrotechnic chemicals.

Mold A form that holds the tube to prevent splitting while the tube is being rammed.

Mortar A metal or heavy paper tube, over 2" inches in diameter, which is closed at one end and set vertically into the ground. Mortars launch aerial shells used in public displays. At the base of the tube, the black powder below the shell ignites, creating trapped gas, which propels the shell up the tube and out the open end into the air.

Non-process Building Office buildings, warehouses, and other

fireworks plant buildings where no fireworks or explosive compositions are processed or stored.

Press A machine that rams one tube at a time.

Process Building Any mixing building; any building in which

pyrotechnic or explosive

Page B-6

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

composition is pressed or otherwise prepared for finishing and assembling; or any finishing or assembling building, including a building used for preparation of fireworks for shipment.

Pyrotechnic Composition A chemical mixture that, on burning and

without explosion, produces visible or brilliant displays of bright lights or whistles.

Quickmatch A special fuse used to light set pieces and other displays that require the simultaneous ignition of many fireworks. The quickmatch consists of a regular fuse surrounded by a straw or paper tube. This outer sheath maintains a high inner fuse temperature in order to produce extremely rapidly burning.

Rocket A paper cylinder filled with black powder and attached to a long stick. Frequently the rocket cylinder is topped by a cone to stabilize flight. Upon ignition of the black powder, gases stream from the choke, forcing the rocket skyward.

Roman Candle A 6- to 12-inch tube containing alternating

layers of compacted black powder and single stars. When set in the ground and lighted, single stars shoot out the top of the tube to a height of 12 to 15 feet.

Round Shell A pyrotechnic device that contains stars.

Salute A small cylinder filled with flash powder. Salutes, which are considerably larger than firecrackers, are added to display fireworks as

Page B-7

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

noisemakers. With stars, they create most effects in aerial fireworks.

Set Piece A wooden frame bearing a picture outlined in

lances. When set in the ground and ignited, the lances create the picture with colored fire. Common subjects include George Washington, Niagara Falls and presidential portraits.

Shell A cartridge containing the pyrotechnic composition used in aerial display fireworks. American shells are cylindrical and tend to burst in a random pattern with a lingering color effect. Oriental shells are spherical and burst in a more regular pattern of briefer duration than American shells. The size of the average shell used in most displays is 3 to 4 inches in diameter, but shells can be as large as 36 inches in diameter.

Sieve Screen tray used to size-grade the chemical constituents of fireworks.

Silver Salute An illegal firework, banned in 1966 because

it contains so large a quantity of flash powder. Approximately 1 to 1 1/2 inches in length, this salute is a silver cylinder with a fuse projecting from the side.

Snake A type of indoor firework made of pyrotechnic material pressed into a small pellet. It burns slowly,producing a trail of ash up to 24 inches in length. The best Snakes are black and made of pitch.

Page B-8

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

Sparkler A steel wire commonly about 9 inches long and partially coated with pyrotechnic composition that produces a shower of sparks upon ignition.

Special Fireworks Articles containing any pyrotechnic

compositions manufactured and assembled, designed, or discharge in connection with television, theater, or motion picture productions, which may or may not be presented before live audiences, and any other article containing any pyrotechnic compositions used for commercial, industrial, educational, recreational, or entertainment purposes when authorized by the authority having jurisdiction. Special fireworks are classified as Class B explosives.

Spike Device used to remove a form from a long tube.

Spinner A small wheel that is placed on the ground and ignited; produces a shower of sparks and color by rapid spinning.

Squib A device containing a small quantity of igniting compound in contact with a bridge wire.

Star Pellets of compressed color-producing chemicals used in various types of fireworks. Each star leaves a single trail of brilliant color. Hundreds may be employed in an aerial shell, giving the display dramatic visual effect. Combined stars and salutes create virtually all effects in aerial display fireworks.

Star Pump Device used to make stars by hand.

Page B-9

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

Storage Building Any building or structure used to store any

pyrotechnic chemicals or devices that are Class C fireworks.

Torch A 6- to 12-inch tube filled with color composition and fitted with a suitable handle. When ignited, streams of color come from the top of the tube.

Tube The paper cylinder that contains the fireworks chemicals.

Wad Cutter A device used to cut paper circles.

Weeping Willow An aerial effect made by adding charcoal to

the color-producing stars. Because charcoal has a relatively long burning time, the stars continue to burn during their descent. Their color streams resemble the pendulous branches of a willow. Because of the charcoal content, most willow displays are orange.

Warehouse Building or structure used to store nonexplosive or noncombustible pyrotechnic materials.

Wheel A device which consists of several cylinders of pyrotechnic material (drivers) placed end-to-end in a circle on a frame and consecutively fused. When the drivers are ignited, the wheel spins around a central axis and ejects sparks or colors.

Page B-10

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

APPENDIX C

Pyrotechnic Trade Association and Societies

1. The American Pyrotechnics Association Box 213 Chestertown, MD 21690 (301) 778-6825 John A. Conkling, executive Director

The American Pyrotechnic Association (APA) is a nonprofit industry organization representing manufacturers, distributors, suppliers, and importers in the U.S. fireworks industry.

PURPOSES: To encourage safety in the design and use of all types of fireworks; to provide information and support to the industry; to promote responsible regulation of fireworks.

SERVICES: Provides Federal Government liaison; serves as central information source; provides information on fireworks to State and local governments and to press representatives; analyzes composition of fireworks to determine compliance with Federal law.

PUBLICATION: APA Bulletin (monthly).

2. Pyrotechnics Guild International, Inc. 5415 Bangert Street White Marsh, MD 21162 (301) 256-5144

The Pyrotechnics Guild International is a nonprofit, amateur membership organization.

PURPOSE: To foster the legal and safe use of fireworks for the celebration of national holidays.

SERVICES (free and available to the public): Answers inquiries; provides reference services; conducts seminars and workshops; provides information on research and development in progress; makes referrals to other sources of information; permits use of collections of fireworks at guild museum.

HOLDINGS: Museum in Norfolk, Nebraska, containing more than 200 fireworks artifacts dating from the early 1900s.

PUBLICATION: American Pyrotechnist (monthly)

Page C-1

OSHA INSTRUCTION CPL 2.73 FEB 3 1986 OFFICE OF GENERAL INDUSTRY COMPLIANCE ASSISTANCE

National Office - BATF

Mr. William T. Earle Chief, Firearms and Explosives Division Office of Compliance Operations Bureau of Alcohol, Tobacco and Firearms Department of The Treasury 1200 Pennsylvania Avenue, N.W. Washington DC 20226

Page C-2

---