People's Republic of China Mine Safety Law

【Category No.】 111801199231 【Title】 Mine Safety Law of the People's Republic of China [Timeliness] Effective [Promulgation Unit] Standing Committee of the National People's Congress [Promulgation Date] 19921107 [Implementation Date] 19930501 [Expiration Date] [Content Classification] Labor Protection Law [No.] Chairman's Order No. 65 [Name] Mine Safety Law of the People's Republic of China [title] The 7th meeting of the Standing Committee of the Seventh National People's Congress on November 7, 1992 [章名] Table of Contents Chapter 1 General Provisions Chapter 2 Safety of Mine Construction Chapter III Safety of Mine Mining Chapter IV Safety Management of Mining Enterprises Chapter 5 Supervision and Management of Mine Safety Chapter VI Handling of Mine Accidents Chapter VII Legal Liability Chapter 8 Supplementary Provisions [Chapter Name] Chapter 1 General Provisions Article 1 This Law is enacted to protect mine production safety, prevent mine accidents, protect the personal safety of mine workers, and promote the development of the mining industry. Article 2 This Law must be observed in the exploitation of mineral resources in the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China. Article 3 Mining enterprises must have facilities to ensure safe production, establish and improve safety management systems, take effective measures to improve working conditions of employees, strengthen mine safety management, and ensure safe production. Article 4 The competent labor administrative department of the State Council shall exercise unified supervision over the national mine safety work. The labor administrative departments of the local people's governments at or above the county level shall exercise unified supervision over the mine safety work within their respective administrative areas. The competent department of the mining enterprise under the people's government at or above the county level shall manage the mine safety work. Article 5 The State encourages scientific research on mine safety science and technology, promotes advanced technologies, improves safety facilities, and improves mine safety production levels. Article 6: Units and individuals that have made outstanding achievements in adhering to mine safety production, preventing mine accidents, participating in mine rescue and rescue, and conducting research on mine safety science and technology shall be rewarded. [Chapter name] Chapter II Safety and security of mine construction Article 7 The safety facilities of a mine construction project must be designed, constructed, and put into production and use at the same time as the main project. Article 8 The design documents of a mine construction project must comply with the mine safety regulations and industry technical specifications, and be approved by the competent department of the management of mining enterprises in accordance with national regulations; those that do not meet the mine safety regulations and industry technical specifications shall not be approved. The design of safety facilities for mine construction projects must be reviewed by the labor administrative department. Mine safety regulations and industry technical specifications shall be formulated by the competent department of the State Council that manages mining enterprises. Article 9 Mine Design The following items must comply with the mine safety regulations and industry technical specifications: (1) the ventilation system and supply air volume, wind quality and wind speed of the mine; (2) the slope angle of the open pit mine and the width and height of the steps; 3) power supply system; (4) lifting and transportation system; (5) waterproofing, drainage system and fire prevention and fire extinguishing system; (6) anti-gas system and dustproof system; (7) other projects related to mine safety. Article 10 Each mine must have more than two safe exits for pedestrians. The straight horizontal distance between exits must comply with mine safety regulations and industry technical specifications. Article 11 Mines must have transportation and communication facilities that are in communication with the outside world and meet safety requirements. Article 12 The mine construction project must be constructed in accordance with the design documents approved by the competent department of the mining enterprise. After the completion of the safety facilities of the mine construction project, the competent department of the mining enterprise shall be inspected and accepted, and the competent labor administrative department shall participate; if it does not meet the mine safety regulations and technical specifications of the industry, it shall not be accepted and shall not be put into production. [章章] Chapter III Safety Protection of Mining Expenditure Article 13 Mining mining must have the conditions for ensuring safe production, and implement mine safety regulations and industry technical specifications for mining different minerals. Article 14 The pillars and rock pillars retained by the mine design regulations shall be protected within the prescribed time limit and shall not be mined or destroyed. Article 15 Equipment, equipment, protective equipment and safety testing instruments used by mines with special safety requirements must comply with national safety standards or industrial safety standards; those that do not meet national safety standards or industrial safety standards shall not be used. Article 16 Mining enterprises must regularly inspect and repair electromechanical equipment, its protective devices and safety testing instruments to ensure safe use. Article 17 Mining enterprises must inspect the toxic and hazardous substances in the workplace and the oxygen content of the underground air to ensure compliance with safety requirements. Article 18 Mining enterprises must take the following safety hazards of accidents preventive measures: (a) roof falling, slabbing, slope sliding, and surface subsidence; (ii) gas explosion, coal dust explosion; (c) the rock burst, (4) Fire and water damage on the ground and underground; (5) Hazards arising from blasting equipment and blasting operations; (6) Dust caused by dust, toxic and harmful gases, radioactive materials and other harmful substances; Other hazards. Article 19 Mining enterprises shall take preventive measures against the hazards that may be caused by the use of machinery, electrical equipment, dumping sites, waste rock hills, tailings ponds and mine closures. [章章] Chapter IV Safety Management of Mining Enterprises Article 20 Mining enterprises must establish and improve the responsibility system for production safety. The mine manager is responsible for the safe production of the company. Article 21 The mine manager shall report safety production work to the employee representative assembly or the employee assembly on a regular basis and give full play to the supervisory role of the employee representative assembly. Article 22 Workers of mining enterprises must abide by the laws, regulations and enterprise rules and regulations concerning mine safety. Workers in mining enterprises have the right to criticize, report and sue for acts that endanger safety. Article 23 The trade unions of mining enterprises shall safeguard the lawful rights and interests of employees' production safety according to law, and organize employees to supervise the safety of mines. Article 24 If a mining enterprise violates relevant laws and regulations on safety, the trade union has the right to require the administrative department of the enterprise or the relevant department to seriously deal with it. When a mining enterprise holds a meeting to discuss safety production, a trade union representative shall participate, and the trade union has the right to make comments and suggestions. Article 25 The mining enterprise trade unions find that the administrative administrative department violates the rules, forces the workers to take risks, or finds obvious major accidents and occupational hazards during the production process, and has the right to propose solutions; when it is found that the life safety of the employees is endangered, The right to the administrative aspects of mining enterprises is recommended to organize workers to leave the dangerous scene, mining companies must make timely decisions on the administrative aspects. Article 26 Mining enterprises must conduct safety education and training for their employees; they may not be employed on the job without safety education or training. The special operation personnel of the safe production of mining enterprises must receive special training, and they can obtain the operation qualification certificate after passing the examination. Article 27 The mine manager must pass the assessment, possess safety professional knowledge, and have the ability to lead safe production and handle mine accidents. Mine enterprise safety workers must have the necessary safety expertise and mine safety work experience. Article 28 Mining enterprises must distribute labor protection articles required for the safety production to employees. Article 29 Mining enterprises shall not employ minors to engage in underground mine work. Mining enterprises shall implement special labor protection for female employees in accordance with state regulations, and may not assign female employees to work underground in mines. Article 30 Mining enterprises must formulate mine accident prevention measures and organize their implementation. Article 31 A mining enterprise shall establish an ambulance and medical emergency organization consisting of full-time or part-time personnel, equipped with necessary equipment, equipment and drugs. Article 32 Mining enterprises must extract special expenses for safety technical measures from the sales of mineral products in accordance with state regulations. The special expenses for safety technical measures must be used to improve the safe production conditions of the mine and must not be used for other purposes. [Chapter name] Chapter V Supervision and Management of Mine Safety Article 33 The labor administrative department of the people's government at or above the county level shall exercise the following supervisory duties on mine safety work: (1) Inspect the supervisors of mining enterprises and mining enterprises (2) Participate in the design review and completion acceptance of the safety facilities of the mine construction project; (3) Check the labor conditions and safety conditions of the mine; (4) Check the safety education and training of the employees of the mine enterprises (5) Supervising the situation in which mining enterprises extract and use safety technology to levy special expenses; (6) Participate in and supervise the investigation and handling of mine accidents; (7) Other supervisory duties as stipulated by laws and administrative regulations. Article 34 The competent departments of the people's governments at or above the county level that manage mining enterprises shall exercise the following management duties on mine safety work: (1) to inspect the implementation of mine safety laws and regulations by mining enterprises; (2) to review and approve the safety of mine construction projects (3) Responsible for the completion and acceptance of safety facilities for mine construction projects; (4) Organizing the training of mine managers and safety personnel of mining enterprises; (5) Investigating and handling major mine accidents; (6) Laws and administrative regulations Other management duties as specified. Article 35 The mine safety supervisors of the competent labor administrative departments have the right to enter the mining enterprises to check the safety status on the spot; when it is found that there is an emergency danger that threatens the safety of the employees, the mining enterprises shall be required to deal with them immediately. [Chapter name] Chapter VI Treatment of Mine Accidents Article 36 In the event of a mine accident, the mining enterprise must immediately organize a rescue to prevent the accident from expanding, reduce casualties and property losses, and report the casualty to the labor administrative department and management immediately. The competent department of the mining enterprise. Article 37 In the event of a general mine accident, the mining enterprise shall be responsible for investigation and handling. In the event of a major mine accident, the government and its relevant departments, trade unions and mining enterprises shall investigate and handle it in accordance with the provisions of the administrative regulations. Article 38 A mining enterprise shall provide pensions or compensation to employees who have suffered casualties in a mine accident in accordance with state regulations. Article 39 After a mine accident occurs, the danger on the site shall be eliminated as soon as possible, the cause of the accident shall be ascertained, and preventive measures shall be proposed. Production can be resumed after the site has been eliminated. [章章] Chapter VII Legal Responsibilities Article 40 Anyone who commits any of the following acts in violation of the provisions of this Law shall be ordered by the competent labor administrative department to make corrections and may be imposed a fine concurrently; if the circumstances are serious, the people's government at or above the county level shall be ordered to order. Discontinuation of production and rectification; administrative personnel and directly responsible personnel shall be given administrative sanctions by their units or higher authorities: (1) failing to conduct safety education and training for employees, and assigning employees to work; (2) the use does not meet national safety standards or (3) failing to extract or use the special expenses of safety technical measures in accordance with the provisions; (4) refusing on-site inspection by mine safety supervisors or concealing accidents when inspected (5) Failure to report mine accidents in a timely and truthful manner in accordance with the regulations. Article 41 If the mine manager does not possess safety professional knowledge, if the special operation personnel of safety production fail to obtain the operation qualification certificate for the job, the labor administrative department shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be submitted to the people's government at or above the county level for decision. The production shall be resumed after the production is stopped and the qualified personnel are adjusted. Article 42 If the design of the safety facilities of a mine construction project is not approved without authorization, the competent department of the management mining enterprise shall order it to stop the construction; if it refuses to implement, the competent department of the management mining enterprise shall request the people's government at or above the county level to decide The relevant authorities revoke their mining licenses and business licenses. Article 43 If the safety facilities of a mine construction project are not accepted or accepted into production without authorization, the competent department of labor administration shall, in conjunction with the competent department of the mining enterprise, order it to stop production, and the labor administrative department shall impose a fine; If the production is stopped, the competent labor administrative department shall request the people's government at or above the county level to decide to revoke its mining license and business license by the relevant competent department. Article 44 If a mining enterprise that has already been put into production does not have the conditions for safe production and forcibly exploits it, the competent department of labor administration shall, in conjunction with the competent department of the mining enterprise, order it to make improvements within a time limit; if it is still not in compliance with the conditions for safe production, the labor administration shall The competent authority has requested the people's government at or above the county level to order the suspension of production or rectification or the relevant competent authorities to revoke their mining licenses and business licenses. Article 45 If a party is dissatisfied with the decision on administrative punishment, it may, within fifteen days from the date of receiving the notification of the decision on punishment, apply to the higher authorities of the organ that made the decision on punishment to apply for reconsideration; the party may also receive notice of the decision on the penalty. Prosecuted directly to the people's court within 15 days from the date of the day. The reconsideration agency shall make a reconsideration decision within 60 days from the date of receiving the application for reconsideration. If the party is dissatisfied with the reconsideration decision, he may file a suit in a people's court within 15 days of receiving the reconsideration decision. If the reconsideration agency fails to make a reconsideration decision within the time limit, the party concerned may sue the people's court within 15 days of the expiration of the reconsideration period. If the party fails to apply for reconsideration within the time limit and does not file a lawsuit with the people's court and fails to perform the punishment decision, the organ that made the punishment decision may apply to the people's court for compulsory execution. Article 46 If the competent person in charge of a mining enterprise violates the rules and directs the worker to take risks, and thus causes a major casualty accident, he shall be investigated for criminal responsibility in accordance with the provisions of Article 114 of the Criminal Law. Article 47: The competent personnel of a mining enterprise shall not take measures against hidden dangers of mine accidents. Therefore, if a major casualty accident occurs, criminal responsibility shall be investigated in accordance with the provisions of Article 187 of the Criminal Law. Article 48 If mine safety supervisors and safety management personnel abuse their powers, neglect their duties, engage in malpractices for personal gains, and constitute a crime, they shall be investigated for criminal responsibility according to law; if they do not constitute a crime, they shall be given administrative sanctions. [章章] Chapter VIII Supplementary Provisions Article 49 The competent labor administrative department of the State Council shall, in accordance with this Law, formulate implementation regulations and report to the State Council for approval and implementation. The standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government may formulate implementation measures in accordance with this Law and the actual conditions of the region. Article 50 This Law shall come into force on May 1, 1993.

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