On the Appiate Explosion: What the law says

A massive explosion occurred on January 20, 2022, at Appiate, a suburb of Bogoso in Prestea-Huni Valley in the Western Region. 

According to official reports, at least 17 people have been killed and about 59 injured. The National Disaster Management Organisation (NADMO) also indicates that about 500 houses have been affected, signaling mass displacements.

It is however emerging that the truck at the center of the fatal explosion had no escort despite carrying the highly explosive substance. 

What does the law say?

Regulation 107 of Minerals and Mining (Explosives) Regulations, 2012(L.I. 2177) states that a person who transports explosives in a road vehicle shall ensure the explosives are under the direct control of a person who has a certificate of competency in explosives. That person who transports a road vehicle shall ensure that the transportation is done under a police escort.

Regulation 109—Prohibition against stopping and parking

(1) Subject to subregulation (2), a person driving a road vehicle that is transporting explosives, shall not stop or park that vehicle in any city, town, village or residential accommodation.

(2) Subregulation (1) does not apply where a vehicle is stopped

(i) to avoid an accident;

(ii) to comply with a traffic sign;

(ii) to obey a direction lawfully given by an authorized person; or

(iv) due to some cause beyond the control of the driver.

(3) A person driving a vehicle that is transporting explosives may park the vehicle outside a city, town or village at a location off a public road and at a reasonable and safe distance from an inhabited building, if the vehicle is kept in charge of a blastman and is accompanied by a police escort both of whom stay with the vehicle throughout the period the vehicle is parked.

Regulation 110—Procedure for vehicles involved in accidents

(1) Where a vehicle transporting explosives is involved in an accident, the person transporting the explosives shall ensure that

(a) the explosives are examined by a person who is a competent person under regulation 15(2) and where the explosives have been damaged or spilled the competent person implements the measures determined in the emergency response plan to make the area safe and to recover the explosives;

(b) arrangements are made to keep the explosives under guard at all times;

(c) where the competent person accompanying the explosives vehicle is not available, the police guards the explosives and a second competent person is sent to the scene;

(d) where the vehicle cannot continue the journey, the competent person arranges for an authorised vehicle to transport the explosives to their destination; and

(e) the competent person within twenty four hours reports the accident to the nearest Inspector.

(2) For the purposes of this regulation, a competent person is a person issued with a certificate of competency by the Commission under regulation 15 (2).

Regulation 117—Permitted types of conveyance for explosives at any mine or works

(1) A manager shall, in relation to the transportation of explosives for which that manager is responsible, ensure that the explosives are transported from one magazine to another magazine or from a magazine to a work place by

(a) a vehicle that uses rubber tyres and is propelled by a diesel engine;

(b) a vehicle that runs on rails whether propelled by a locomotive or by hand;

(c) a conveyance attached to a winding plant or an approved lifting appliance; or

(d) a lift.

which is of sound construction, made of suitable material, has adequate strength and is free from patent defects and maintained in good working order.

(2) Where any operations carried out under these Regulations require the use of explosives in quantities which the Chief Inspector considers to be of a large magnitude, the Chief Inspector may, where necessary, direct that the transportation of the explosives on the surface should only be by an authorised road vehicle equipped in accordance with regulations 104 and 105.

Regulation 128—Only cage tender and blastman to travel with explosives

A person, other than the cage tender or a holder of a blastman’s certificate of competency in accordance with regulation 21, shall not travel together with explosives in a conveyance in a shaft or winze.

Regulation 139—Naked light, matches or smoking prohibited

(1) A person shall not smoke or take any naked light into a magazine area or a danger building or danger zone as prescribed in regulation 56.

(2) A person shall not take material which is smouldering or an article designed or adapted to produce a naked flame into a magazine or magazine area.

General rules for use of explosives

Regulation 169—Permits and licences for the use of explosives

A person shall not use explosives unless that person has

(a) an approved operating plan in accordance with regulations 8, 9 and 10;

(b) an approved operating licence in accordance with regulation 22;

(c) an explosives manager in accordance with regulation 20 and a mine manager in accordance with regulation 37 of the Minerals and Mining (Health and Safety) Regulations, 2012 (L.I. 2182);

(d) in the case of a quarry or civil works, a quarry manager who has a quarry manager’s certificate of competency in accordance with regulation 38 of the Minerals and Mining (Health and Safety) Regulations, 2012 (L.I. 2182);

(e) competent personnel in accordance with regulation 21; and

(f) has a permit for the acquisition of explosives in accordance with regulation 30.

Regulation 200—Unlawful possession and use of explosives

(1) A person shall not possess or remove explosives in or from a mine, quarry or civil blasting site, or transport explosives to or from a mine, quarry or civil blasting site unless that person is the holder of a blasting licence granted under these Regulations and is authorised by the owner, manager or person responsible for the storage, use and transportation of the explosives at the mine, quarry or civil blasting site.

(2) A person who possesses explosives in contravention of these Regulations commits of an offence and is liable on summary conviction to the punishment specified in the Criminal Offences Act, 1960 (Act 29).

Regulation 201—Unlawful manufacture of explosives

A person who

(a) unlawfully manufactures explosives, or possesses substances or materials known to be used to manufacture explosives, or

(b) aids or abets a person in the unlawful manufacture of explosives or the unlawful possession of substances or material known to be used to manufacture explosives,

commits an offence and is liable on summary conviction to a fine of not less than one thousand penalty units and not more than one thousand five hundred penalty units or a term of imprisonment of not more than four years or to both.

Regulation 202—Search of vehicle and person

(1) An officer may, subject to articles 14 and 18 of the constitution stop, search or detain

(a) a vehicle if that officer has good reason to suspect that explosives, or materials used for the manufacture of explosives, are being unlawfully conveyed; or

(b) a person whom that officer suspects of unlawful possession of explosives or to be unlawfully conveying explosives.

(2) For the purposes of this regulation and regulation 203 to 206 “officer” means the Chief Inspector, an inspector appointed under these Regulations, and police officers.

Regulation 206—Wilful obstruction of an officer

A person who wilfully obstructs or resists an officer in the lawful exercise of a power conferred on that officer by regulation 202 to 204 , commits an offence and is liable on summary conviction to a fine of not more than five hundred penalty units or imprisonment for a term of not more than two years or both.

Meanwhile, the Deputy Minister for Lands and Natural Resources, George Mireku Duker has indicated that a committee has been set up to investigate whether the mining companies complied with the minerals and mining explosives regulation, L. I 2177.

He further noted that sanctions will be applied if it is found that there was a breach in the regulations of how explosives are transported after the huge explosion.

“Further investigations will reveal whether or not they had an escort. Whether or not the explosive manager was part of the team, and so on and so forth as I indicated by L. I 2177. We have the L. I that states the applicable sanctions and those will be triggered if they are found culpable,” the Deputy Minister has said.