Implementation Measures For Coal Mine Enterprise Safety Production License

Original Language Title: 煤矿企业安全生产许可证实施办法

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(May 17, 2004 the State administration of work safety, the State administration of coal mine safety supervision Bureau released come into force on the date of promulgation, 8th) Chapter I General provisions article in order to strictly regulate the conditions for safe production of coal mine enterprise and good management of coal mine enterprise safety production license was issued, in accordance with the regulations on safety production license and relevant laws, administrative regulations, formulate measures for its implementation.
Coal mining enterprises must, in accordance with article II of the implementing regulations make safety production license.
    Without safety production license, may not engage in production activities.
    Article awarded safety production license management work of enterprise applications, a two-level certification, the principle of jurisdictional supervision.
Fourth national coal mine safety supervision Bureau to guide and supervise the national coal mine safety production license issued by management, responsible for the central management of coal mine Enterprise (Corporation, company, public company) the issuance and management of safety production license.
    National coal mine security monitored Council in province, and autonomous regions, and municipalities established of coal mine security monitored Council and directly under the coal mine security monitored Office is responsible for Qian paragraph provides yiwai of other coal mine enterprise security production license of issued and management; not established coal mine security monitored institutions of province, and autonomous regions, by province, and autonomous regions Government specified of sector (following and provincial coal mine security monitored institutions collectively provincial security license issued management organ) is responsible for this administrative within coal mine enterprise security production license of issued and management.
Chapter II conditions article fifth coal mine safe production enterprise (Corporation, Head Office, Bureau of mines, coal mines) should establish and improve the main principal, in charge of Directors, safety managers, departments, job responsibility system for production safety.
    Coal mining enterprises should develop a safety target management system of reward and punishment system, security, safety and approval system, incident troubleshooting, systems, security, security, Office systems, underground coal mines into the wells system and personnel inventory systems such as safety regulations; developing various types of rules.
    Sixth safety investment of coal mining enterprises shall comply with the safety requirements in accordance with the relevant provisions of special funds for safety technical measures.
    Article seventh should set production management of coal mine Enterprise staffed with full-time safety Manager.
    Article eighth of Heads of enterprises and administration of production safety in coal mines safety production knowledge and management capacity should be qualified.
    Nineth coal mining enterprises shall participate in work-related injury insurance, pay a fee for work-related injury insurance for the employees thereof.
    Tenth coal mining enterprises should develop a major hazard detection, assessment, monitoring and contingency plans.
11th coal mining enterprises should formulate emergency response plan, and in accordance with the provisions established for mine rescue team, equipped with first aid equipment.
    Do not have separate conditions of mine rescue team shall be specialized mine rescue team signed rescue agreements with the neighbouring.
    12th coal mining enterprises should establish special operations personnel training programs, employee training programs, occupational hazards prevention plan. 13th article coal mine enterprise of belongs coal mine (well mining or well, and open mine) except should meet this implementation approach fifth article to 11th article provides of conditions outside, also must meet following conditions: (a) special job personnel by about business competent sector assessment qualified, made special job operation qualification certificate; (ii) practitioners law for safety education and training, and by exam qualified; (three) developed career against control measures, and integrated dust measures, established dust detection system, Equip practitioners with conform to national or industry-standard labor protection products; (iv) safety evaluation according to law; (e) to develop realistic the plan of mine disaster prevention and management; (vi) underground coal mine safety facilities, equipment, process shall comply with the following requirements: 1. Mine at least has two a independent of can pedestrian and direct ground of security export, security export Zhijian of distance shall not is less than 30 meters; well Xia each a level, and each a a mining district at least has two a easy pedestrian of security export, and and direct ground of security export phase connection; mining face has two a smooth of security export, a pass to return Xiang, another pass to into wind Xiang; 2. In tunnel NET cross section must be the needs of pedestrians, transport, ventilation and safety facilities and needs, including: mine main transportation roadway, major airway height since the rail surface shall not be less than 2 metres, on the mining area, down the peaceful lanes clear height shall not be less than 1.8 meters, net exports of mining face within 20 metres of tunnel no less than 1.6 meters high; 3. Annual gas grade identification, identification of the tendency of spontaneous combustion of coal seams and coal dust explosion results; 4. Complete with independent ventilation system in the mine, mine, mining areas and mining and air supply capacity to meet safety requirements, installed in the mine main fan for mine ventilation, the alternate main fan and have the same capacity, production levels and mined zones separate ventilation, tunneling using a dedicated fan for ventilation, mine air facilities; 5. High gas, and coal and gas highlight mine by provides equipment gas pumping put system and security monitoring system, low gas mine equipment gas power instrument, and wind electric gas locking device, mining coal and gas highlight dangerous seam of has forecast forecast, and control measures, and effect test and security protection of integrated anti-bursting measures, implemented gas check system and Manager, and technology head gas daily review signed system, equipped with enough of full-time gas check Member and gas detection instrument, gas detection instrument regularly check and by has qualification of detection institutions identification; 6. Dust-proof water supply systems, surface and underground drainage systems, mining easy spontaneous combustion and spontaneous combustion coal mine fire prevention and control systems, take comprehensive measures to prevent coal seam spontaneous combustion, well equipped with the necessary fire-fighting equipment, mine survey water equipment of flood threats; 7. Mine by double loop power line power, is strictly prohibited by neutral points directly grounding of transformer or generator to well Xia directly power, annual 60,000 tons following of mine used single loop power Shi has alternate power and its capacity meet ventilation, and drainage and upgrade of requirements, well Xia electrical equipment of selection meet explosion-proof requirements, has grounding, and had flow, and leakage protection device, high gas, and coal and gas highlight mine dig into face of local ventilation machine used dedicated transformer, and dedicated cable, and dedicated switch, achieved wind electric, and gas electric locking; 8. Mine upgrade using mine with upgrade winch, and insurance device and depth indicator installed complete; shaft lifting personnel using cage or with took room of skip, and loaded fortification pendant device, inclined mechanical lifting personnel using dedicated people car or overhead took people device, dedicated people car loaded fortification sports car device, using detection qualified of wire rope, with type conveying machine using mine with flame retardant tape, set security protection device; 9. Understanding inside and outside the mine, well and important place, the main sites of communication systems 10. By mine gas class to choose the corresponding coal mine permissible explosives and detonators, blasting blasting worker working full-time, 11. Use of safety signs safety signs in a management directory of mining products, 12. Mine equipped with a sufficient number of rescuer for 13.
Has reflect reality of drawings: mine geological and hydrological geological figure, well upper and lower control figure, roadway layout figure, mining engineering plane figure, ventilation system figure, well Xia transport system figure, security monitoring equipment layout figure, drainage, and dust, and fire note pulp, and pressure wind, and filling, and pumping put gas, pipeline system figure, well Xia communications system figure, well Shang, and Xia distribution system figure and well Xia electrical equipment layout figure, well Xia avoidance disaster route figure, mining face has meet reality of job procedures. (VII) open pit coal mine safety facilities, equipment and technology should meet the following requirements: 1. Open pit above and below the main section arranged between the flat pedestrian pathway or ladder and according to relevant regulations set safety rails on both sides of the ladder; 2. According to the requirement of retaining wall, fence, security warning sign 3. Exercise bench, bench height in compliance with the relevant provisions, final slope of stepped slope angle and slope angle meets the ultimate pit slope design requirements; 4. Electrical equipment for over-current, over-voltage, leakage, earthing protection device; 5. The management of explosive materials, complies with the relevant provisions of the regulations and standards of the State, 6. Engineering, geological exploration, surveying and mapping work and slope stability evaluation of slope stability of information and to develop measures; 7. Waterproof and drainage facilities and measures 8. Stope and ground fire prevention measures in compliance with the relevant provisions of mine spontaneous combustion tendency of coal-bed methane fire extinguishing system 9.
    Has reflect reality of drawings: terrain geological figure, engineering geological plane figure, and section, and integrated hydrological geological plane figure, mining stripping engineering plane figure, and section, row soil engineering plane figure, transport system figure, lost distribution system figure, communications system figure, anti-drainage system and the drainage equipment layout figure, slope monitoring system plane figure, and section, underground old empty and open mine plane control figure.
Chapter III safety production license applications and awarded 14th central management of coal mine Enterprise (Corporation, Corporation, public companies) application for a safety license, an application to the State administration of coal mine safety supervision Bureau.
    Central management in coal mine enterprise other than the enterprise and its apply in coal mine safety production license and safety production in coal mine enterprise and their respective provincial licensing authorities to apply. 15th application for a safety licence shall provide the following documents and materials, and its authenticity is responsible for: (a) documents and materials provided by the coal mining enterprises 1. Safe production licence applications (in triplicate); 2. Security system (copying); 3. Inventory safety rules and regulations; 4. Set of production management and full-time safety Manager files (reproductions); 5. Directors, safety-control managers safety knowledge and management capacity proof of passing the examination materials; 6. Special operations personnel training programs, employee safety training programs; 7. Pay industrial injury insurance for the employees of the relevant supporting documents; 8. Detection, assessment, monitoring and control measures of major hazards and emergency plan 9.
Accident emergency rescue plans and the establishment of a mine rescue team file or aid agreement signed with professional teams. (B) coal mining provides documents, data and drawings 1. Safe production licence applications (in triplicate); 2. The mining license (copy) 3. Security system (copy) 4. Inventory safety rules and regulations;

5. Security management institutions and full-time safety Manager files (copy) 6. Manager, Safety Manager examination of supporting documents; 7. Special operations personnel operating qualification supporting documents; 8. Documentation of safety education practitioners examination 9. Pay industrial injury insurance for the employees of the relevant supporting documents; 10. Safety evaluation report issued by the qualified intermediary; 11. Mine methane classification and identification documents 12. Mine disaster prevention and management plan 13. Ventilation system in underground coal mines, 14. Open pit mine slope monitoring system diagram 15.
    File or of the establishment of a mine rescue team rescue agreement with the specialized mine rescue team. 16th article security production license issued management organ on applicants submitted of applications and the file, and information, should according to following provides respectively processing: (a) application matters not belongs to this organ terms range of, should rates made not accepted of decided, and told applicants to about administrative organ application; (ii) application material exists can spot corrections of errors of, should allows or requirements applicants spot corrections, and rates issued accepted of written voucher; (three) application material not complete or not meet requirements of,
    Shall, on the spot or within 5 working days once inform all applicants need to correct the content, fails to inform the, shall be accepted as of the date of receipt of the application materials; (d) the application materials are complete and conform to the requirements or in accordance with the requirements of all corrections, from the date of receipt of all application materials or supplement materials accepted.
    Article 17th has accepted the application for licensing agency for issue and administration of production safety shall with the consent of the local Government of coal enterprise safety production supervision and Management Department or relevant Department agreed, assigning personnel to review application materials and work safety conditions; need to review, should go to the on-site review.
18th related personnel should be responsible for reviewing articles submitted to the Security Agency for issue and administration of production license review.
Licensing Agency for issue and administration of production safety review comments by the persons concerned should be discussed, and accepting the application within 45 business days from the date of issuing or not issuing safety licenses decisions.
    Decisions issued by licensing agency for issue and administration of production safety shall, within 10 working days from the date of the decision served or notified the applicant the safety license; shall not be issued, shall notify the applicant in writing and state the reasons in writing within 10 working days.
    19th, upon examination in accordance with the measures for the implementation of provisions of the Licensing Agency for issue and administration of production safety shall be respectively issued to the coal mining enterprises and coal mine safety production license. 20th safe production license is valid for 3 years.
    Safety production license expiration extension is required, shall, within 3 months prior to the expiry of the coal enterprises in accordance with the provisions of article 14th, proposed to the original security agency for issue and administration of production license extension application and submit the measures for the implementation of section 15th of documents, materials and safety production license copies.
    Article 21st has accepted the extension of the application, licensing agency for issue and administration of production safety shall, in accordance with the measures for the implementation of the provisions of safety production license extension procedures.
22nd coal mining enterprise safety production license validity period that meets the following conditions, safety production license expiry, the original safe production licensing authority agrees, not reviewed, directly go through formalities for extension: (a) strict compliance with laws and regulations relating to safety and the measures for its implementation, (ii) access to safe production license, strengthen daily safety management without reducing safety conditions;
    (C) the safety production license issued by the management authority and the supervision of coal mine safety supervision Organization; (d) no fatalities occurred.
23rd of coal mine enterprise safety production licence is valid within one of the following circumstances shall apply to the Agency for issue and administration of safe production licenses to change safety licenses: (a) change the primary owner, (ii) change of affiliation, (iii) change of business name; (iv) acceptance of renovation or expansion works.
Change the first paragraph of this section (a), (b), (c), since the business license application within 10 working days from the date of change; change the first paragraph of this section (d), should be in renovation or expansion projects made within 10 working days after acceptance of the application.
    Application change this article first paragraph subsection (a) items of, should provides change Hou of business license copy and main head assessment qualified proved material; application change this article first paragraph subsection (ii), and (three) items of, should provides change Hou of business license copy; application change this article first paragraph subsection (four) items of, should provides and alterations, and expansion engineering related of file, and information.
Article 24th for the implementation of the first paragraph of article 23rd (I), (ii), (iii) change requests, licensing agency for issue and administration of production safety in the applicant's related documents, information auditing, can receive a safety license change procedures.
    For the implementation of the first paragraph of article 23rd (d) change requests, licensing agency for issue and administration of production safety shall, in accordance with the measures for the implementation of 17th and 18 the provisions of safety production license change procedures.
25th coal mining enterprises to close, closed, shall be discontinued and, within 10 working days from the closing date of an application to the Agency for issue and administration of safe production licenses written off safety production license, and provide a status report on coal mining, measured drawings and remnants of accident hidden danger and prevention measures in the report.
    Review by the safety license issuing authority agree to postpone, change the safety license, licensing agency for issue and administration of production safety shall recover the original safety production license, renew safe production license.
Article 26th coal mining enterprise safety production License into a positive counterpart, have the same legal effect, for hanging the originals, replica is folded.
Coal mine enterprise safety production license by the State administration of coal mine safety supervision Bureau printed and numbered.
    Coal mine enterprise safety in production permit application, review books, extension applications, change applications such as unified format prescribed by the State administration of coal mine safety supervision Bureau.
    Fourth chapter, supervision and management of safety production license article 27th has been completed and put into operation in application of coal mine enterprise safety production permit, shall make to ensure safety; do not meet the safety requirements, corrective action should be carried out and to establish security measures; by rectification does not have the conditions for safe production, not for production.
    28th coal mining enterprises may not be transferred, used, sold, leased, lent or use of falsified safety production license.
    29th Agency for issue and administration of safe production licenses should be open, fair and impartial principle, strictly in accordance with the provisions of these measures for the implementation of the review, issuing safety licenses.
    Staff of the Licensing Agency for issue and administration of production safety in safety production license issuance, management, and supervision and inspection work shall not solicit or accept property of coal mining enterprises shall not seek other benefits.
    30th article security production license issued management organ found has following case one of of, should revoked has issued of security production license: (a) beyond terms issued security production license of; (ii) violation this implementation approach provides of program issued security production license of; (three) not has this implementation approach provides of safety conditions issued security production license of; (four) to cheat, and bribery, not due means made security production license of.
    Article 31st of coal mine enterprise safety production license of any of the following circumstances, licensing agency for issue and administration of production safety shall cancel its safety production license: (a) the termination of coal production, (ii) the safety production license was revoked, and (iii) the safety production license was revoked.
    32nd coal mining enterprises to hide relevant information or provides false information to apply for safety production license, licensing agency for issue and administration of production safety was inadmissible, the enterprise may not apply again for a safety license in one year.
    Article 33rd coal mine safety supervisory offices and is not the establishment of coal mine safety supervision authorities specified by the municipal people's Government responsible for the coal mine safety supervision work achieved within the Department responsible for the administration of the day-to-day supervision and inspection of coal mine enterprise safety production license, and will monitor safety problems discovered in the inspection reports licensing authority.
    34th Agency for issue and administration of safe production licenses shall be announced to the public once every 6 months made of coal mine enterprise safety production license.
    35th safety production permits the issuing Management Authority shall inform the management of coal mine enterprise safety production license issued mine location designated by city-level people's Governments and their departments in charge of coal mine safety supervision.
    36th Agency for issue and administration of safe production licenses shall strengthen the supervision and management of coal mine enterprise safety in production permit, establish and improve the safe production license management system.
    37th provincial safety production license issued by the management authorities should be before January 15 of each year, the administrative area of coal mine enterprise safety production license for the last year issuing and management of the State administration of coal mine safety supervision Bureau.
    38th supervisory authorities in accordance with the provisions of the administrative supervision law of the people's Republic, on safety production license issued by administrative organs and their staff carry out the safety production license regulations and the measures for its implementation responsibilities under the monitor.
    39th article of any units or individuals for violations of the regulations on the safety production license and the measures for the implementation of the provisions of, and right to safe production licensing management or a supervisory authority and other relevant departments. Fifth chapter penalty is 40th article security production license issued management organ staff has following behavior one of of, give downgraded or dismissed of administrative sanctions; constitute crime of, law held criminal: (a) to not meet this implementation approach provides of safety conditions of coal mine Enterprise issued security production license of; (ii) found coal mine enterprise not law made security production license unauthorized engaged in production activities, not law processing of;

(Three) found made security production license of coal mine enterprise no longer has this implementation approach provides of safety conditions, not law processing of; (four) received on violation this implementation approach provides behavior of reported Hou, not timely processing of; (five) in security production license issued, and management and supervision check work in the, obtained or accept coal mine enterprise of property, or seek other interests of. 41st article bear security evaluation, and detection, and test work of institutions, issued false security evaluation, and detection, and test report or proved, constitute crime of, in accordance with criminal about provides held criminal; is enough criminal punishment of, confiscated illegal proceeds, illegal proceeds in 5000 Yuan above of, and at illegal proceeds twice times above 5 times times following of fine, no illegal proceeds or illegal proceeds insufficient 5000 Yuan of, single at or and at 5000 Yuan above 20,000 yuan following of fine,
Directly responsible to the charge and the other persons of less than 5000 Yuan and 50,000 yuan fine causing harm to others, and coal mining enterprises shall bear joint liability.
    For organizations where there are violations of the preceding paragraph, revoke the corresponding qualifications.
    42nd article of coal mine enterprise safety production license does not comply with the measures for the implementation of sixth to 12th stipulates that one of the conditions for safe production, with a warning, to order the rectification, and a fine of between 10,000 yuan and 30,000 yuan.
    Article 43rd of coal mine enterprise safety production license of any of the following acts, withholding its safety production license and rectification: (a) the major accident, (ii) does not have this safety condition for implementing measures article 13th; (c) the measures for the implementation of order rectification without the rectification of the 42nd article.
    44th article made security production license of coal mine enterprise has following behavior one of of, revoked its security production license: (a) reselling, and rental, and lending or to other form illegal transfer security production license of; (ii) provides false proved file or take other cheat means made security production license of; (three) temporarily buckle security production license Hou not regular rectification or late still not has this implementation approach provides of safety conditions of.
    45th article coal mine enterprise has following behavior one of of, ordered stop production, confiscated illegal proceeds, and at 100,000 yuan above 500,000 yuan following of fine; caused major accident or other serious consequences, constitute crime of, law held criminal: (a) not made security production license, unauthorized for production of; (ii) accept transfer of security production license of; (three) take with security production license of; (four) using forged security production license of.
    Article 46th coal mining enterprise safety production licence expires without renewal, continued production, shall be ordered to stop production, made the deadline extension, confiscate the illegal gains and fines of between 50,000 yuan and 100,000 yuan limit; still go through formalities for extension, to continue production, punished in accordance with the provisions of article 45th.
47th coal mining enterprises during the period of safety production license, lead author, affiliation, name changes, not according to the measures for the implementation of applications, handling procedures, and ordered to go through the procedures of alteration, and a fine of between 10,000 yuan and 30,000 yuan.
    Renovation or expansion of coal mining enterprises project has been accepted and implemented in accordance with this Regulation apply, go through the procedures of alteration unauthorized production, to order the suspension of production activities, deadlines apply for change, and a fine of between 10,000 yuan and 30,000 yuan; late still does not change the handling, to continue production, punished in accordance with the provisions of article 45th.
    48th transfer coal mining enterprise safety production license, confiscate the illegal gains and fines of between 100,000 yuan and 500,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law.
    49th article security production license Ordinance purposes Qian has for production of coal mine enterprise, should in January 13, 2005 Qian, according to this implementation approach of provides to security production license issued management organ application handle security production license; late not handle security production license or by review not meet this implementation approach of provides, not made security production license continues to for production of, in accordance with this approach 45th article of provides punishment.
    Sixth chapter supplementary articles article 50th safety production license Ordinance provisions of and the measures for the implementation of administrative punishments, and safety production license issued by administrative bodies. 51st article of the implementation measures come into force on the date of promulgation.

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