Harbin Non-Coal Mine Safety Supervision And Administration

Original Language Title: 哈尔滨市非煤矿矿山安全生产监督管理办法

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Harbin non-coal mine safety supervision and administration

    (February 26, 2009 Harbin municipal people's Government at the 44th Executive meeting on February 27, 2009 Harbin municipal people's Government made the 195th promulgated as of April 1, 2009) Chapter I General provisions

    First to strengthen coal mine safety supervision and management, prevention and reduction of production safety accidents occur, security practitioners security of lives and property, according to the People's Republic of China Law on production safety, the People's Republic of China mine safety law and the Heilongjiang provincial safety production regulations relevant provisions of laws and regulations, such as, in this municipality, these measures are formulated.

    Second approach applies within the administrative area of the city of non-coal mine work safety supervision and management.

    Article non-coal mines in these measures refers to mining other than coal the other liquid, gas, solid minerals mining.

    Non-coal mining enterprises in these measures, includes non-mineral resources of coal geological exploration, production and construction of mining enterprises.

    Non-mining enterprises of coal mine production system, or tailings, regarded as non-coal mining enterprise management.

    Article fourth coal mine production safety supervision and administration, adhere to the principle of safety first, prevention first, applying the principle of unified leadership and graded responsibility, dependency management.

    Fifth of municipal administration of production safety supervision and management departments (hereinafter referred to as the safety regulator), non-coal mines, is responsible for the supervision and administration of production safety, and organize the implementation of these measures.

    District and County (City) non-provisional work safety departments are responsible for the supervision and administration of production safety in coal mines.

    The Township people's Governments or neighborhood offices are responsible for the area of non-coal mine safety supervision and management work, acceptable areas, counties (cities) of safety production supervision departments entrusted to punish safety violations committed within their respective jurisdictions.

    Land and natural resources, development and reform, public security, industry and commerce, Department of quality and technical supervision administration shall, in accordance with their respective responsibilities, is responsible for the non-related work of the coal mine safety supervision and management.

    Sixth production safety supervision, Ministry of land and resources, public safety, development and reform, the administrative departments for industry and commerce, quality and technical supervision, should strengthen coordination, inform about non-coal mining enterprise safety production supervision administration.

    The seventh article of any units and individuals have the duty to maintain non-coal mine safety against non-coal mine safety act the power to stop and report to the safety production supervision departments.

    Safety production supervision departments shall, in accordance with the relevant provisions to be commended or awarded.

    Chapter II safety production license

    The eighth new construction, renovation or expansion (including enterprise integration for policy adjustment) non-coal mine construction project (hereinafter referred to as project) facilities shall comply with safety laws and regulations and the relevant provisions of the regulations and technical standards for safety, and simultaneously with the principal part of the project designed, built and put into production and use (hereinafter "three simultaneous").

    Fails the "three simultaneous" review and acceptance of construction projects, the relevant departments may handle licensing procedure, non-coal mines construction unit (hereinafter referred to as the employer) shall not commence production.

    Nineth needed preparation of project feasibility studies or project application report, the unit or the advisory body should be entrusted to the work safety of construction projects conditions and integrated analysis of safety facilities, preparation of safety review. The relevant departments of the project feasibility study report or review the project application report, safety production supervision departments should be invited to participate.

    Work safety supervision departments should review comments on the safety article. Tenth safety evaluation of construction projects should be carried out.

    Safety evaluation includes safety assessment and safety assessment.

    Security conditions for construction projects at the feasibility study stage should be carried out demonstration and safety assessment and feasibility study or project application report on the content of the report, the preparation of safety pre-evaluation report; or put to use, the safety assessment should be carried out, the preparation of safety acceptance evaluation report.

    Do not need to conduct a feasibility study, in designs of safety facilities should be reviewed prior to the safety assessment.

    11th construction units shall be entrusted with the statutory qualification of safety evaluation institution safety evaluation of the construction project, the preparation of safety evaluations.

    The same safety assessment and safety assessment of construction project work, shall not be borne by the same safety evaluation agencies.

    12th construction project safety assessment report and the safety assessment report should be reviewed by review bodies have legal qualifications.

    13th safety evaluation of construction project report, the construction unit shall review completion date of 30th in the safety evaluation report and the results submitted to the municipal work safety supervision Department. 14th preliminary design shall prepare a safety review of the construction project.

    Safety includes the basis for engineering design, project overview, and geological factors affecting safety, safety reviews, general layout, electrical and other ancillary facilities, mine safety and health care facilities, mine safety agencies and facilities, existing problems and proposals and drawing. 15th construction units or their authorized intermediary bodies should be based on the preliminary design of construction projects construction design.

    Units shall in accordance with the building construction design organization.

    Safety facilities of construction project design review 16th and final acceptance of applications, design reviews and safety construction requirements and acceptance procedures, according to the State of the non-coal mine safety facilities of construction project design review and acceptance procedures and the relevant provisions of the province.

    The 17th non-coal mining enterprises are engaged in geological exploration, production and mining and construction activities shall be made in accordance with work safety laws, rules and regulations safety production license.

    Without safety production license, may not engage in production activities.

    Chapter III security requirements

    Article 18th should strengthen safety production management of coal mine geological prospecting enterprises, ensure the safety of production technology and investment.

    Article 19th before the implementation of geological exploration of coal mine geological prospecting enterprises, it shall prepare design and construction programme of exploration, and exploration are organized by design and construction programme of exploration and construction.

    Exploration includes exploration of design and construction design, exploration, exploration work, safety measures, organization and management of production safety, time limits for exploration.

    Article 20th non-coal mining enterprise engaged in mining activities should reflect the actual situation of geological maps, general arrangement plan of mine, mine and underground control, shaft, tunnel, Stope layout, production and security major systems.

    Non-coal mining enterprises shall, in accordance with article 21st exploration, mining needs rules, and in accordance with the rules of organization work.

    22nd non-coal mining enterprises mining, ventilation, hoisting-and-transport, electrical, waterproofing and the prevention of occupational hazards and other facilities, as well as the safe passage and security badges to non-coal mining enterprises should conform to the State standards or industrial standards.

    23rd non-coal mining enterprise safety equipment installation, use, inspection, retrofitting and scrapping shall conform to the State standards or industrial standards.

    24th non-coal mining enterprises and their workers to conduct blasting operations shall comply with the provisions of the safety regulations for blasting.

    Implementation conditions of deep-hole blasting in open-pit quarry blasting time, shall be in medium and deep hole blasting technique.

    Non-engaged in underground mining coal mining enterprises should carry out mechanical ventilation.

    25th article of non-coal mine tailings building, running and closing libraries and closing recycling, the tailings dam safety supervision and management should be strictly in accordance with national regulations.

    Article 26th non-coal mining enterprises shall in accordance with the relevant provisions of the State establishing and perfecting responsibility system for production safety, safety management regulations and procedures.

    Non-coal mining enterprise and its employees shall strictly follow the safety regulations or practice for the implementation of operations.

    The 27th non-coal mining enterprises employing 50 people or more, shall set up safety management agency employee in below 50 should be staffed with full-time safety Manager.

    Non-coal mines or mining construction Enterprise addition shall comply with the provisions of the preceding paragraph of this article shall also comply with the following provisions:

    (A) engaged in underground mining, not less than 4 full-time safety Manager;

    (B) engaging in open pit mining, not less than 2 full-time safety Manager;

    (C) to ensure that each shift of each individual production systems are equipped with not less than 1 full-time safety Manager.

    28th non-coal mining enterprise of the main directors, safety officers and special operations personnel, should be in accordance with the provisions of the relevant laws, rules and regulations of the State receive safety training, obtained the relevant qualification certificates, before appointment or assignment work.

    Other practitioners of non-coal mining enterprises shall, in accordance with the provisions of relevant laws, rules and regulations of the State receive safety training without any safety training, not posts.

    Article 29th of non-coal mine Enterprise qualification of special equipment should be determined by inspection bodies periodic inspection and issue an inspection report.

    Potential occupational hazards should be non-coal mining enterprises equipment, occupational-disease-prevention equipment and first-aid facilities to carry out regular maintenance and inspection and test its performance and effectiveness, and ensuring that it is in the normal state.

    Article 30th non-coal mining enterprises shall enter into labor contracts with practitioners, for practitioners to handle the work injury insurance; qualified non-coal mining enterprises, can apply for employer's liability insurance for the employees thereof.

    31st non-coal mining enterprises in China should be provided in accordance with national standard or industry standard labor protection articles, and according to the rules of supervision, education practitioners to wear and use.

    Employees shall wear, use PPE in strict accordance with the provisions.

    Article 32nd non-coal mines in China have the right to refuse illegal orders and commands to work; when found that directly endanger the safety of an emergency has the right to stop work or take possible emergency measures to evacuate in workplaces.

    Article 33rd non-coal mining enterprises shall establish emergency relief organizations, developing emergency, equipped with the necessary emergency relief materials and equipment, exercises at least 2 times a year to ensure each practitioner familiar route for avoiding disaster and rescue and self-rescue measures.

    Production of small non-coal mining enterprises may not be establishing emergency rescue organizations, but shall assign full-time or part-time emergency rescue workers, emergency relief organizations signed rescue agreements with neighbouring.

    Article 34th non-coal mining enterprise contract or lease manufacturing projects, premises, equipment, should the employer before the contractor or lessee of the production qualification, technical equipment, professional technical staff and management and investigation, and contractor or lessee in the contract, leasing contract safety management of their respective duties, or enter into a special agreement on administration of production safety.

    Non-coal mining enterprises may not produce items, places, equipment the employer or to rent out to non-qualified or not qualified units and individuals.

    Contractor after contracts shall not be subcontracted to third parties. 35th article of non-coal mine enterprise safety assessment take place every 3 years.

    Any of the following circumstances, should be back for the safety assessment of:

    (A) changing the ownership of mining rights;

    (B) there are serious production safety accidents;

    (C) the production safety incidents of death or serious injury accident of 3 or more.

    Non-coal mining enterprises should be entrusted with the statutory qualification of safety assessment safety assessment bodies, preparation of safety assessment report, and from the date of completion of the safety assessment report prepared in the 10th, submitted to the municipal work safety supervision Department.

    Article 36th non-coal mining enterprise safety production cost extraction system should be established in accordance with the relevant provisions of the State, and strictly according to the rules used.

    37th non-coal mining enterprises shall in accordance with the provisions of the enterprise safety production risk mortgage regulation in Heilongjiang province storage safety production risk mortgage payment.

    Safety production risk mortgage special account for implementation of storage, earmarking.

    Supervision and administration of the fourth chapter

    38th District, County (City) people's Governments shall strengthen its non-coal mine work safety supervision and management in the area of leadership, establish emergency rescue system, set the level of Government production safety accident emergency rescue plan, production safety accidents timely excluded on serious production safety accidents reported to the relevant authorities in a timely manner.

    The 39th Township people's Governments or sub-district offices should strengthen non-coal mining enterprises in the area of supervision and administration of production safety, carry out regular safety inspections, found that production safety accidents timely excluded on serious production safety accidents to their subordinate districts and counties (cities) people's Government report.

    40th of municipal, district and County (City) of safety production supervision departments non-coal mining enterprises shall strengthen the supervision and administration of production safety, the non-coal mining enterprises according to law enforcement of safety laws, regulations and rules and national or industrial standards for inspection or sampling.

    41st carry out safety production supervision and inspection of production safety supervision and administration personnel should fill out the on-site inspection of records, found that production safety accident shall be ordered to immediately remove and require rectification, release of the correction form if the urgency of the situation, according to relevant laws and regulations provide for compulsory measures, fill in the compulsory measures of decision.

    Inspection found safety violations or a production safety accident, according to the Division of responsibilities should be handled by other departments, should fill the case to be transferred to departments concerned in handling the book.

    The 42nd major production safety accident of coal mine enterprise, accident reports in a timely manner should be the seat of district and County (City) production safety supervision departments and township Governments or neighborhood offices.

    Article 43rd coal mine production safety accidents, shall, in accordance with the relevant provisions in the local area, within 1 hours of County (City) of safety production supervision departments report.

    Any unit and individual production safety accident shall, not later than news, false negatives, false or concealed.

    44th production safety after the accident and relevant units and personnel should be properly protected accident scene and related evidence; no unit or individual may disrupt the scene of the accident, no implicit commit, diversion, tampering, destroying evidence.

    The fifth chapter legal liability

    Article 45th in violation of these regulations, one of the following circumstances, the municipal work safety supervision departments rectification; fails to mend, fined 20,000 yuan and 50,000 yuan fine:

    (A) units of the same construction project safety assessment and safety delegate acceptance evaluation the same safety evaluation agencies;

    (B) safety assessment of institutions entrusted with the same construction project safety assessment and safety assessment work;

    (C) non-coal mining enterprise safety evaluation every 3 years, or change the ownership of mining rights, serious production safety accidents, a production safety accident of death or serious injury occurs when 3 or more accidents, not a rerun of the safety assessment.

    Article 46th unit or non-coal mining enterprise safety assessment is not reporting and inspection results, the safety assessment report for the record, the record of safety production supervision departments shall order correction within; it fails to mend, and fined 5,000 yuan and 10,000 yuan fine.

    47th construction units, or non-coal mining enterprises has been produced construction design, design and construction programme of exploration and operating protocols, or not in accordance with the design and construction of construction drawing design, exploration programmes and operational procedures, exploration, construction and operations by the municipal, district and County (City) rectification work safety supervision departments, and a fine of 20,000 yuan and 50,000 yuan fine.

    48th article non-coal mine mine enterprise and practitioners not according to blasting security procedures for blasting job of, by city and district, and County (City) safety regulatory sector or by delegate of township government, and subdistrict offices according to duties permission, give warning, on non-coal mine mine Enterprise sentenced 10,000 yuan above 30,000 yuan following fine, on its main head, and other about personnel sentenced 1000 Yuan above 10,000 yuan following fine.

    49th article violates this approach has any of the following circumstances, the municipal, district and County (City) production safety supervision departments or entrusted with the Township Governments, neighborhood offices according to the functions and powers in accordance with the following provisions:

    (A) the prescribed conditions of open stone quarry blast without the use of deep-hole blasting technology in, given a warning and a fine of 10,000 yuan and 20,000 yuan fines;

    (B) non-coal mining enterprises engaged in the implementation of any underground mining machinery ventilation, rectification, and a fine of 10,000 yuan and 20,000 yuan fines;

    (C) non-coal mining production or mining construction enterprises failing to employ full-time safety Manager, a rectification; fails to mend, fined 10,000 yuan and 20,000 yuan fines;

    (D) non-coal mining enterprises is not the serious production safety accidents will promptly report to the seat of the Township people's Governments or sub-district offices, given a warning and a fine of 10,000 yuan and 30,000 yuan fines.

    50th article violates other provisions of this approach, the work safety Department and other relevant departments in accordance with the laws, rules and regulations will be punished.

    51st article related to non-coal mine supervision authorities and their staff in the supervision and management work of, any of the following acts by the supervisory organ or the appointment and removal of the relevant personnel warning, demerit-recording or demerit; plot heavy, demotion or dismissal in serious cases, expelled constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) found serious production safety accidents, is not ruled out, leading to production safety accidents occur;

    (B) on production safety accident that occurred late, fail to report, report deceitfully or hidden;

    (C) the organization or participation in the destruction of the scene of the accident, implicit commit, transfer, alteration or destruction of relevant evidence;

    (D) making use of his facilities, extort, or illegally accepting other people's property, in the area of safety for the benefit of others;

    (E) violations of the relevant laws and regulations of the other Act and the regulations.

    The sixth chapter supplementary articles 52nd these measures shall come into force on April 1, 2009.

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