Basis for payment of employee who manufactures or uses explosives; penalty.
1. Except as otherwise provided in this section, wages or compensation paid to an employee whose duties include the manufacture of an explosive, or the use, processing, handling, on-site movement or storage of an explosive that is related to its manufacture, must be based solely on the number of hours the employee works. The provisions of this subsection do not apply to persons employed in the mining industry.
2. Any person who violates the provisions of subsection 1:
(a) For the first violation, shall be punished by a fine of not less than $10,000 nor more than $20,000.
(b) For the second or any subsequent violation, shall be punished by a fine of not less than $20,000 nor more than $50,000.
3. Except as otherwise provided in subsection 4, 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.
4. 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.
Last modified: February 25, 2006