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Coal Mine Safety Supervision Administration Penalty

Original Language Title: 煤矿安全监察行政处罚办法

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(July 2, 2003 the State administration of work safety, State administration of coal mine safety supervision Bureau announced the 4th) first coal mine safety violations in order to sanction, regulate coal mine work safety supervision and administrative punishment, law of protection coal mine production, under the coal mine safety supervision and other relevant provisions of laws and administrative regulations, these measures are formulated. Second national coal mine safety supervision Bureau, the Office of the provincial administration of coal mine safety and coal mine safety supervision (hereinafter referred to as the coal mine safety supervision organization), on safety production of coal mine and its associated personnel violating the relevant laws and administrative regulations, departmental regulations, national standards, industry standards and procedures Act (hereinafter referred to as the coal mine safety violations) impose administrative penalties, application of this approach.
    Not specified in these measures and administrative penalties for safety violations.
    Relevant laws and administrative rules and regulations on administrative penalty otherwise provided, in accordance with its provisions.
    Third provincial coal mine safety supervision Bureau, the coal mine safety supervision Office to impose administrative penalties in accordance with the principle of territorial jurisdiction.
    State administration of coal mine safety supervision Bureau contends that it should impose administrative penalties by the State coal mine safety supervision Bureau.
    Two or more coal mine safety watchdog disputes the jurisdiction of administrative penalties, jointly by the coal mine safety supervision organizations at a higher level for designation of jurisdiction.
    Fourth party to the coal mine safety supervision agency for the administrative penalty shall have, the right to defence; not satisfied with the administrative punishment, the right to apply for administrative reconsideration or bring an administrative suit.
    Party administrative penalties for coal mine safety supervision organizations to breach the damage has the right to demand compensation according to law.
    Article fifth coal mine safety inspectors duties shall present coal mine safety inspectors certificate.
    Sixth article coal mine security monitored institutions and coal mine security monitored Member on check in the found of coal mine security violations, can made following site processing decided: (a) spot be corrected or requirements deadline corrected; (ii) ordered deadline reached requirements; (three) ordered immediately stop job (construction) or immediately stop using; by site processing decided Hou refused to corrected, or law should give administrative punishment of coal mine security violations, law made administrative punishment decided.
    Article seventh safety facilities design of coal mine safety supervision of coal mine construction project approval agencies without authorization and construction, in accordance with the following provisions: (a) be ordered to stop construction of the coal enterprises, may be fined not more than 50,000 yuan, (ii) engaged in the construction of the coal mining enterprises shall be ordered to stop construction, and may be fined not more than 50,000 yuan.
    Eighth coal mine safety facilities of construction projects without acceptance or unqualified acceptance, put into production without authorization, order to suspend for rectification, may be fined not more than 50,000 yuan.
    Nineth mine construction engineering acceptance of security conditions or unqualified acceptance, put into production without authorization, shall be ordered to stop production, fines of between 50,000 yuan and 100,000 yuan.
    Article tenth coal mine ventilation, fire protection, water, gas, gas, dust and other safety equipment which does not comply with the statutory requirements, ordered to meet the requirements; late still does not meet requirements, shall be ordered to suspend production for rectification.
    11th coal mine ventilation, fire protection, water, gas, gas, dust and other conditions do not meet the statutory requirements for safe production, shall be ordered to suspend production for rectification; suspend production for rectification does not have the statutory conditions for safe production, be closed down according to law.
    12th workplaces where coal mining is one of the following circumstances, a rectification; fails to make corrections, shall be ordered to suspend production for rectification, and a fine of 30,000 yuan the following: (a) not using special explosion-proof electrical equipment, (ii) unused special shot of; (c) does not use a dedicated lift container; (d) using open fire out electric lighting.
    13th mine fails to extract or use special funds for safety technical measures of coal mine, a rectification; fails, fines of between 50,000 yuan and the circumstances are serious, shall be ordered to suspend production for rectification.
    Serious circumstances mentioned in the preceding paragraph, include the following situations: (a) refused to correct violations and (b) failing to extract or using special funds for safety technical measures of coal mine production safety accidents, and (iii) other serious behavior.
    Article 14th mines used do not meet national safety standards or industry safety standards, equipment, tools, instruments, meters, protective equipment, rectification or be ordered to immediately stop using; it fails or does not immediately stop using, fines of between 50,000 yuan and the circumstances are serious, shall be ordered to suspend production for rectification.
    Serious circumstances mentioned in the preceding paragraph, include the following situations: (a) refused to correct violations and (b) does not meet national safety standards or industry safety standards, equipment, equipment, apparatus, instruments, production safety accidents caused by protective equipment; (iii) other serious behavior. 15th article coal mine enterprise of electromechanical equipment, and security instrument, not according to following provides operation, and check, and maintenance and established archives of, ordered corrected, can and at 20,000 yuan following of fine: (a) not regularly on electromechanical equipment and protection device, and security detection instrument check, and maintenance and established technology archives of; (ii) non-is responsible for equipment run personnel operation equipment of; (three) non-duty electrical personnel for electrical job of; (four) operation electrical equipment of personnel,
    No reliable insulation protection and repair of electric equipment for live working.
    16th article coal mine well Xia mining job, not according to job procedures of provides management top help; through geological broken with or other top help broken locations Shi, not strengthening support nursing; open mining stripping job, not according to design provides, control mining stripping face of stage height, and width, and slope angle and eventually slope angle; mining stripping job and row soil job, on deep Department or near well Xiang caused against of, ordered corrected, can and at 20,000 yuan following of fine.
    17th coal mining did not strictly enforce the gas detection system, into the wells carried tobacco and ignition gear down, ordered corrective action and may be fined not more than 20,000 yuan.
    Article 18th coal mine gas outburst, burst under the condition of mining operations; in unprotected buildings and structures and railways, water under exploitation; mining in areas with geothermal anomalies, or hot water gushing, specially designed documents has been produced and approved by the competent authorities, shall be ordered to correct, and a fine of up to 20,000 yuan.
    Article 19th of workplaces in coal mine gas, dust or other toxic and hazardous gas concentrations exceeded national safety standards or industry safety standards, shall be ordered to immediately stop operations who refuses to stop operation, shall be ordered to suspend production for rectification, and may be fined not more than 100,000 yuan.
    20th there is the possibility of spontaneous combustion of coal mine, did not take effective measures to prevent spontaneous combustion in accordance with the regulations, correction, and a fine of up to 20,000 yuan.
    21st at risk of possible water inrush in coal mine areas engaged in mining operations, survey water measures have been taken shall be ordered to correct, and a fine of up to 20,000 yuan.
    22nd volume of coal underground air, air quality, wind speed, and the operating environment climate, does not meet the requirements of mine safety regulations, correction, and a fine of up to 20,000 yuan.
    Article 23rd workplace of coal mine dust, comprehensive dust control measures have been taken, or are not required to detect dust, correction, and a fine of up to 20,000 yuan.
    Article 24th unauthorized exploitation of coal pillar for security, or endanger the safety of adjacent coal mine flooding, blasting, and mining operations through dangerous methods such as roadway, shall be ordered to immediately stop operations who refuses to stop operations, coal production license revoked by the coal mine safety supervision organization decides, and transferred to the Department of mines and geology mining licence shall be revoked.
    25th coal mining, one of the following circumstances, be warned, may be of less than 50,000 yuan and 100,000 yuan fine; the circumstances are serious, shall be ordered to suspend production for rectification: (a) the person concerned refuses or obstructs the coal mine safety supervision organizations and coal mine safety inspectors on-site inspection, (ii) providing false information; (c) concealment of accidents and other safety problems.
    Serious circumstances mentioned in the preceding paragraph, include the following situations: (a) refused to correct violations and (b) concealing accidents as well as other security issues caused a production safety accident, and (iii) other serious behavior.
    26th article coal mine occurred accident, has following case one of of, give warning, can and at 30,000 yuan above 150,000 yuan following of fine; plot serious of, ordered discontinued reorganization: (a) not according to provides timely, and truthfully report accident of; (ii) forged, and deliberately damage accident site of; (three) hinder, and interference accident survey work, refused to accept survey forensics, and provides about situation and information of.
    Serious circumstances mentioned in the preceding paragraph, include the following situations: (a) refused to correct violations of and (ii) more than major casualties; (c) less casualties but damage serious losses; (d) the nature, social influence, and (v) other serious acts.
    27th suspend production for rectification does not meet the statutory safety requirements for close administrative penalties, shall be reported by the coal mine safety supervision organization in accordance with the provisions of the State Council of the people's Governments above the county level permissions.
    Article 28th of coal mine safety supervision organizations and coal mine safety inspectors implement the administrative penalty shall be in accordance with the procedure under the administrative penalties and safety violations committed using the unified administration of coal mine safety supervision enforcement instrument.
    29th article does not establish the provincial coal mine safety supervision Bureau of the province, autonomous region, and provinces, designated by the autonomous regional people's Government departments in charge of coal mine safety supervision in accordance with the regulations on coal mine safety violations administrative punishments within their respective administrative areas. 30th article this way come into force on August 15, 2003.
                                              Interim measures for the coal mine safety supervision administration punishment abolished at the same time.