Interim Measures For The Outsourcing Of Non-Coal Mine Safety Management

Original Language Title: 非煤矿山外包工程安全管理暂行办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201311/20131100393583.shtml

Interim measures for the outsourcing of non-coal mine safety management

    (August 23, 2013, State administration of work safety announced as of October 1, 2013, 62nd) Chapter I General provisions

    First in order to strengthen coal mine safety management and outsourcing oversight, clear responsibility for safety production, prevention and reduction of production safety accidents (hereinafter referred to as accidents), according to the People's Republic of China Law on production safety, the People's Republic of China mine safety law and other relevant laws, administrative regulations, and these measures are formulated.

    Article approved by law in the mining areas, outsourcing projects in metal and Nonmetal Mines Exploration, construction, production, closure, construction activities, as well as oil and gas exploration, development and transportation of engineering and technology, safety management and supervision of service activities, these measures shall apply.

    In non-coal mines of various types of housing and ancillary facilities for the construction and installation, and open cast mining area ground transportation outsourcing security management and supervision, these procedures do not apply.

    Article outsourcing projects in non-coal mines (hereinafter referred to as outsourcing) safety, the employer shall bear the principal responsibility, the contractor responsible for its construction site safety.

    Outsourcing has more than one contractor, the out-contracting units should be on more than one contractor safety conduct unified coordination and administration.

    Article fourth outsourcing survey units, design units, supervisor, technical services agencies and other relevant units shall in accordance with the laws and regulations, the provisions of regulations and national standards, industry standards and fulfil their safety function responsible for safe production responsibility.

    Article fifth non-coal mining enterprises shall establish the engineering safety incentive and restraint mechanisms, promote non-coal mine safety production management level of outsourcing project.

    Chapter II the out-contracting units safety responsibilities

    Sixth the out-contracting units shall set up safety management institution or full-time safety Manager, safety management and supervision of outsourcing.

    The out-contracting units without compressing outsourcing contract duration shall not be in violation of or force contractors and their employees to work.

    The out-contracting units shall obtain a non-coal mine safety production license.

    Article seventh out-contracting units shall review the contractor's non-coal mines safety production license and corresponding qualification, shall not outsource projects to do not have safety production license and qualified contractors.

    Contractor project Department in construction jobs, out-contracting units in addition to reviewing the contractor's safety production license, and the corresponding qualifications, but also should review the project Department of production management, rules and regulations, engineering technicians, equipment facilities, security education and training, and directors, safety management certificates, special operations personnel and so on.

    Undertake construction projects not in compliance with the provisions of this article 21st work safety conditions, the out-contracting units to the contractor shall not contract. Article eighth out-contracting units shall be signed with the contractor safety management protocol, defining their responsibilities for safety production management.

    Safety management agreement should include the following:

    (A) the safety guarantees;

    (B) safety equipment and construction;

    (C) troubleshooting and management;

    (D) education and training;

    (E) emergency rescue;

    (Vi) safety inspection and evaluation;

    (VII) for breach of contract.

    Text format of safety production management protocol developed separately by the State administration of work safety.

    Nineth safety investment of developer unit is the outsourcing of responsibility shall be in accordance with the relevant provisions of the State and the contract in full and on time to the contractor required to provide job safety resources, clear safety input items and amounts, and supervising the contractor put in place.

    For troubleshooting, management and outside the contract of underground mine ventilation, support, control the cost of water, the out-contracting units shall provide funding outside of the contract price, to ensure safety needs.

    Article tenth total oil and gas developer unit, developer unit and metal and Nonmetal Mines overall contracting units shall be every six months on its construction contractor qualifications, safety management in institutions, rules and regulations, construction site safety management and performance information reporting obligations provided for in this article 27th check and so on; of safety problems found contractors, should urge its immediate rectification.

    11th article metal non-metallic mine points items employer units, should will contracting units and project Department into this units of security management system, implemented unified management, focus strengthening on underground mine led shift Xia well, and underground mine practitioners access well statistics, and special job personnel, and civilian explosion items, and hidden troubleshooting and governance, and occupational protection, management, and on outsourcing engineering of job site implementation full process supervision check.

    12th metal and Nonmetal Mines overall contracting units of underground mines partial employer of a production system, contractor shall not exceed 3 in principle, do not affect production, job security.

    Contract awarding units in underground mines in the preceding paragraph during normal production, must not raise the main fan, main, water supply and drainage, power supply, main air supply system and the operation of equipment and facilities management contract.

    13th the out-contracting units shall provide the contractor outsourcing project technology gives the low-down, as agreed in the contract to the contractor providing outsourcing safety-related survey, design, risk assessment, inspection and emergency information, and guarantee the authenticity, integrity, and availability of information.

    14th the out-contracting units shall establish a sound outsourcing evaluation mechanism of safe production, a safety assessment of the contractor at least once a year.

    15th the out-contracting units shall in accordance with relevant regulations of the State establishing emergency rescue organizations, preparing the emergency plan and exercises are regularly organized.

    Outsourcing engineering General Contracting, the out-contracting units shall urge General Contracting unit staff outsourcing emergency; the introduction of employer, the out-contracting units shall be prepared by the contractor outsourcing projects on-site emergency preparedness system for emergency programmes into the unit, and drills are regularly organized.

    16th the developer unit after receiving the outsourcing engineering accident report shall immediately start emergency plan, or take effective measures to organize rescue, prevent accidents expanded, and in accordance with the provisions of the regulations on production safety accident reporting, investigation and handling of, honestly to the people's Governments above the county level where the accident occurred immediately production safety supervision and management departments and departments responsible for the supervision and administration of production safety-related reports.

    Outsourcing of accidents, accident statistics of the data included in the contract unit.

    Contract awarding units and contractor shall reply according to the accident investigation report and bear the responsibility for the accident.

    Chapter III contractor safety responsibilities

    17th the contractor shall, in accordance with relevant laws and regulations, the provisions of regulations and national standards, industry standards, and safety production management of contracts and agreement, the Parties shall, organization construction to ensure safety.

    Contractors have the right to refuse illegal orders and commands of the out-contracting units to work. Article 18th outsourcing of engineering overall contracting, general contractor of the construction site safety responsibility; the contractor in accordance with the subcontracting contracts for overall contracting units are responsible for.

    The general contractor and sub contractor to subcontract works safety bear joint and several liability.

    General contractor in accordance with outsourcing project subcontracting to other units, the main part of its outsourcing should be completed by the general contractor on its own. Prohibition of contractor subcontract contract outsourcing works.

    Prohibition of contractor to contract outsourcing project subcontracting again.

    19th Contracting unit shall obtain a non-coal mine safety production license and the appropriate level of qualification and contract projects within the scope of their qualifications.

    Contracts for metal and Nonmetal mine construction and closure engineering qualification shall be in conformity with the provisions of the construction Enterprise qualification grade standard.

    Contract for metal and Nonmetal mine production, the qualification level operation, shall comply with the following requirements:

    (A) General contracting of large underground mining engineering and pit complex, high and steep slope and geological conditions of large open pit mine project, mining engineering construction contract for more than two (including the grade, the same below) qualified;

    (B) the contracting of medium, small underground mine project, mining engineering general contractor grade construction qualification;

    (C) general contractor open-air mine engineering and contracting works in metal and Nonmetal Mines, mining engineering construction contract or relevant professional qualifications, specific provisions enacted by the provincial work safety supervision and management departments.

    Contracting outsourcing of tailings of qualification, shall comply with the provisions on the safety supervision and management of tailings.

    Contracted level of qualification of geological exploration works in metal and Nonmetal Mines, should be consistent with the metal and non-metal mineral resources geological survey provisional regulations on supervision and administration of production safety.

    Contracts for oil and gas exploration and development projects of the level of qualifications, by the State production safety supervision and administration or relevant departments under the State Council determined according to the respective administrative rights.

    20th Contracting unit should strengthen safety management of project Department, conduct a safety check at least every six months, to project personnel at least annually a safety training and examination.

    Prohibition of the contractor to transfer, lease, loan certificates, allow others on the units on behalf of the contract works.
Article 21st contractor project Department according to contract projects and its size and features, improve the safe production responsibility system according to law, improve the safety management system, setting production management, full-time safety Manager and engineering.

    Contracting project of underground mining engineering department should be equipped with professional engineering and technical personnel in conformity with construction jobs, including at least 1 registered safety engineer or with 5 years of work experience in underground's safety Manager.

    Projects with junior secondary or higher education staff ratio shall not be less than 50%. Head of project safety management safety certificate shall be obtained before they can post.

    Contracting project of underground mining engineering department heads shall not be concurrently head of other engineering projects.

    22nd Contracting unit shall, in accordance with the laws, rules, regulations and contracting and the production safety protocols agreed in the contract, the safety Fund to the out-contracting units put in place in a timely manner and shall not be appropriated for other purposes.

    23rd contractor shall, in accordance with the relevant provisions of the construction programme to enhance the operation safety management, accident investigation and timely governance on a regular basis, implement various regulations and safety rules.

    Contractors found should be immediately after the accident management can't immediately control should take the necessary preventive measures, and shall promptly report in writing to the employer negotiated settlement, eliminate potential accidents.

    Underground mining construction company and its projects the main leaders and other members of the leadership team should be strictly in accordance with the metal and Nonmetal underground mines under the leadership shift and shift in the implementation of the provisional regulations of supervision and inspection system under the mine.

    Article 24th contractor safety training shall be subject to the employer's organization and guidance to enhance safety education and training of employees of the unit, ensure the practitioner master the essential knowledge and skills. Outsourcing article 25th overall contracting of engineering, general contractor should be organized to prepare emergency plan for outsourcing.

    General contractor and the contractor shall, in accordance with relevant regulations of the State and emergency requirements, respectively, establishing emergency rescue organizations or designated emergency rescue personnel, equipped with rescue facilities and equipment, and drills are regularly organized.

    Outsourcing-project contracting, the contractor shall, in accordance with construction characteristics, scope and construction site accident-prone sites and links, preparation of the site emergency plan, and in line with the employer's regular drills.

    Article 26th outsourcing after the accident, accident-related personnel shall immediately report to the contractor and Project Director.

    Contractor and after receiving the accident report, head of the project, shall be reported immediately to the employer, and starts the appropriate contingency plans, to take effective measures to organize rescue, prevent accidents expanded.

    27th contractor registration other than provinces, autonomous regions and municipalities engaged in construction work, and shall provide the jobs the County work safety supervision and management departments in writing of the location of reported outsourcing engineering and qualification levels, major directors, safety managers, special operations personnel, major security facilities and equipment, and so on, and accept their supervision and inspection.

    Supervision and administration of the fourth chapter

    28th Contracting unit greatly more than negligence or within one year more than three accidents, accidents of the provincial production safety supervision and management departments should be registered to the contractor of the provincial production safety supervision and administration departments.

    Over major accidents, accident occurred the provincial production safety supervision and management departments should be invited to the contractor's safety production license issuing agencies participate in the investigation and handling of accidents.

    29th production safety supervision and management departments should strengthen the outsourcing of production safety supervision and inspection, and focus on the following:

    (A) the out-contracting units of non-coal mine safety production license, production safety management protocols, security and other inputs;

    (B) the contractor qualification, shall obtain a non-safety investment of coal mine safety production license, implement, contractor and project Department of production management, technical equipment, qualified and certified personnel security;

    (C) illegal contracting, subcontracting, Contracting and other acts.

    30th of production safety supervision and management departments should establish the engineering safety information platform, the contractor to obtain any license, qualification and contract projects, accidents and other conditions contained in contractor safety performance records, carry out safety production credit evaluation and announcement system.

    31st outsourcing of accidents, accident data should be included in the scope of accident statistics.

    The fifth chapter legal liability

    Articles 32nd to the employer in violation of the provisions of article sixth, illegally directing or ordering any of the contractors and their employees to work, correction, and 20,000 yuan and 30,000 yuan fines; losses caused shall bear liability.

    Contract awarding units and contractors for the 33rd article, general contractor and the contractor fails to comply with these measures under article eighth sign safety management agreements, rectification, fines of between 10,000 yuan and 20,000 yuan.

    Article 34th out-contracting units of any of the following acts, rectification, given a warning and a fine of 10,000 yuan and 30,000 yuan the following:

    (A) in violation of the provisions of the present article tenth, 14th, not on safety supervision and examination or examination of the contracting entity;

    (B) violation of the provisions of the present article 11th, contractors and projects were not included in the present security management system, the unified management;

    (C) violation of the provisions of the present article 13th, not outsourcing to contractors for project technology gives the low-down, or no relevant information was provided to the contractor under the contract.

    35th imposed on underground mines partial employer of the employer in violation of this article 12th provision in underground mines during normal production, main fan, main improvement, water supply and drainage, power supply, main air supply system and the operation of equipment and facilities management for the employer, a rectification, fined a maximum of 20,000 yuan and 30,000 yuan.

    Article 36th head of underground mining and construction projects in violation of the article 21st of the provisions, concurrently head of other engineering projects, rectification, a fine of between 5,000 yuan and 10,000 yuan.

    37th Contracting unit has one of the following acts, rectification, given a warning and a fine of between 10,000 yuan and 30,000 Yuan:

    (A) violations of the provisions of this article 22nd, out-contracting units into the security funds appropriated for other uses;

    (B) is not in accordance with the provisions of the present article 23rd screening, control hidden accidents.

    Article 38th contractor in violation of these regulations article 20th Department of project management without regular safety education for project personnel training and assessment or did not conduct safety checks on projects, rectification, a fine of between 10,000 yuan and 30,000 yuan.

    Contractor allows others to contract projects in the name of the entity, and transferred to the relevant departments according to law.

    39th Contracting unit in violation of the provisions of article 27th, registered in provinces, autonomous regions, municipalities, and other construction operations, jobs has not been written report on the people's Governments at the County work safety supervision and management departments of the relevant licensing and qualification, as well as the contracted projects, rectification, fines of between 10,000 yuan and 30,000 yuan.

    40th of production safety supervision and Management Department of the administrative law enforcement personnel in work safety supervision and management in the process of outsourcing abuse, negligence, malpractice, in accordance with relevant regulations, disciplinary actions constitute a crime, criminal responsibility shall be investigated according to law.

    41st administrative penalties stipulated in these measures, implemented by the County work safety supervision and management departments at or above.

    Relevant laws and administrative rules and regulations for outsourcing of non-coal mine work safety violations administrative penalty otherwise provided, in accordance with its provisions.

    The sixth chapter supplementary articles

    42nd the following terms shall have the meanings herein:

    (A) non-coal mines, refers to the metal and Nonmetal Mines, WV mineral and energy except coal mine mining, and oil and gas pipeline transportation (excluding pipeline) and ancillary facilities collectively;

    (B) for metal and Nonmetal Mines, refers to metal mining, Nonmetal Mining, water mines other than coal mines, oil and gas and energy of mine, concentrator and tailings, mine with ancillary facilities such as dump collectively;

    (C) outsourcing, refers to the contract awarding units and contractors outside the Unit contracted by contractor contractor with regard to the exploitation of mineral resources engineering, operations or technical service;

    (D) the employer refers to mining activities related to the projects, activities or technical services, construction of non-coal mine enterprises contracted to other units;

    (E) the employer refers to the employer's unit will be related to mining activities projects, activities or technical services, is divided into several parts out to contractors for the construction of the Act;

    (Vi) general contractor, refers to the whole contract mining activities or independent production system for all projects, activities or technical services project contracting units;

    (G) the contractor, refers to the contract relating to the exploitation of mineral resources engineering, operations or technical services unit;

    (H) the Department refers to the seat of the contractor to contract projects established by the management body responsible for its contracted construction;

    (I) production, was formally put into production new mines or alteration, expansion of mines still in production, and produced mineral scale periods.

    43rd of provinces, autonomous regions and municipalities work safety supervision and management departments in accordance with this approach to implementation details, and reported to the State administration of work safety record. 44th article of the rules take effect on October 1, 2013.