(December 16, 2005, Zhengzhou city people's Government at the 41st Executive meeting on December 30, 2005, Zhengzhou municipal people's Government, the 148th promulgated as of February 1, 2006) Chapter I General provisions article to regulate coal production and management activities to ensure coal mine safety production and promote sustainable development of coal industry, according to the People's Republic of China coal law, the People's Republic of China Law on production safety, the special provisions of the State Council on the prevention of coal mine production safety accidents and the
Coal in Henan province Ordinance and other relevant laws and regulations, combined with the city's actual, these measures are formulated.
Article engaged in coal production and management in the administrative area of the city and its supervisory activities shall abide by these measures.
Direct management of coal mines and coal management departments at or above the provincial level, these measures are not applicable.
Third coal production must adhere to safety first, prevention first and comprehensive treatment approach, regulation for establishing departments and enterprises responsible for, people involved in monitoring the work of production safety mechanism.
Forth people's Governments at various levels shall strengthen the coal production and management leadership, shall protect the coal resources, speed up the restructuring of the coal industry, operators shall protect the coal production and the legitimate rights and interests of employees.
Fifth of municipal and County (city, district) of coal management departments are responsible for the supervision and administration of coal production and management in the administrative area.
Safe production supervision and management, land and natural resources, development and reform, public security, industry and commerce administration, labour and social security, tax and other relevant departments shall, in accordance with their respective responsibilities, joint supervision and administration of coal production and management.
Sixth coal management departments shall establish supervision and administration of coal production and management information system, announced to the public on a regular basis in coal production and management of safety and integrity management, and so on.
Article seventh State personnel head shall not be in violation of State regulations and State-owned enterprises invested in coal mines (except for legally obtained shares of listed companies). Eighth to encourage citizens, legal persons or other organizations against illicit exploitation of coal, major accident hazards, production safety accident report.
Report active personnel from city, County (city, district) people's Government or the coal management departments shall be rewarded.
Chapter II coal mine construction and production Nineth coal mine construction projects shall conform to the coal production and development planning and industrial policy, and in accordance with the relevant provisions of the State acquisition of the project approval document.
New coal mines within the administrative area of the city, annual design capacity of not less than 300,000 tonnes. Tenth run coal enterprises shall, in accordance with the provisions of the regulations on coal in Henan province approved by the provincial coal administration files.
Applicants approved by the provincial coal administration departments file after the application for a mining license to the land and resources department, before they can start construction. 11th building, rebuilding, expansion of the mine, according to the State administration of coal mine safety quality standard construction.
Safety must be the principal part of the project designed, built and put into operation simultaneously.
Article 12th after completion of mine, coal production license shall be made in accordance with the relevant provisions of security and safety production license holders to the County (city, district) coal management departments to apply coal management departments after examination by the city, submitted to the provincial coal industry Department for coal production licenses.
Safety production of coal mine was not legally obtained mining license, permit, a coal production license, business license and the Manager was not lawfully obtained the mine manager qualification, Manager safety certificate, and shall not engage in coal production.
13th according to relevant regulations of the province adopt an annual inspection system of coal production licenses.
Coal mining corporate name change, Manager, mining rights, affiliation, design production capacity of coal production, mining areas and other matters or needs to extend the expiration of license, shall be approved by the County (city, district) and coal management departments, signed comments, submitted to the provincial coal industry Department for change or continuity procedures.
14th in coal production land or land subsidence, excavation, reclamation of coal mining enterprises shall, return to the availability of State; causes losses to others, shall be subject to compensation.
Coal mining enterprises shall, in accordance with provincial regulations, compensation for land reclamation costs for extraction and collapse.
15th coal mining enterprises to close coal mines, abandoned mine, coal management departments for examination and approval by the province, handle the closing formalities according to law, and cities and counties (cities, districts) of coal under the supervision of the Administration, after the well is responsible for close work.
16th coal mining enterprises in China and the labor contract law, in accordance with the regulations for employees to pay industrial injury, medical, pension and other social security costs, as well as underground practitioners for the commercial casualty insurance, to pay the premium.
17th no units and individuals approved by the law shall be without prejudice to the establishment of the coal mining areas of electric power, water, communications, transportation and other production facilities, shall not disrupt the law approved the establishment of the normal production of coal mining activities.
18th coal mining enterprises shall, in accordance with actual production of raw coal extracted coal from the cost maintaining simple reproduction fees (hereinafter referred to as Victoria Jane), extraction of standards in accordance with the relevant provisions of the State and province.
Victoria Jane extraction of coal mining enterprises must be segregated storage and for use in normal coal production continued to develop deep, technological innovation, and so on.
Coal mining enterprises shall, within two months following the end of each year of maintaining simple extraction and use of coal management departments and tax departments.
Chapter III 19th people's Governments at various levels shall strengthen the area of mine safety production of coal mine work safety leadership, timely research to solve mine production and troubleshooting, major issues in governance. Coal management departments shall, in accordance with administrative rights enhance the day-to-day supervision of coal mine safety inspection.
Accident found in the inspections, to order the rectification of the coal enterprises, and urge rectification of coal mine enterprise funds, measures to ensure effective, time, responsibility to the people.
Article 20th coal mining enterprises are the main units of work safety responsibilities, its legal representatives on overall responsibility for the safety of the unit.
21st Manager and is responsible for the safety of the coal mining enterprises, production, technology, mechanical and electrical production safety Deputy Director must have the appropriate knowledge and management capacity, and to qualify as a corresponding certificate.
Special operations personnel must be special provisions made in coal mine operator qualification certificate, induction. 22nd coal mining enterprises to their workers and operating procedures and safety training, assessment and list of trainers, training time, training and examination information reported to the County (city, district) of coal management departments.
Staff training, examination or assessment is not qualified, not posts. Coal mining enterprises shall for each free distribution of coal mine workers ' safety manual.
Coal mine workers ' safety manual content shall conform to the relevant regulations of the State, and submitted to the municipal coal management departments.
23rd coal mining enterprises must establish and improve and strictly implement the responsibility system for production safety, capital investments needed to ensure the safety of production, to ensure safety in production.
Coal mining enterprises must, in accordance with provisions of the national mine safety regulations to organize production, configured security devices, instruments, safety facilities, equipment, installation of safety monitoring system, and to ensure normal operation.
24th the safety management of the coal mining enterprises should set up specialized bodies, and follow the required by the city's coal safety management departments to appraise qualified full-time safety Manager, employing 200 people, no fewer than 10 people; employees in more than 200 people, should not be less than the number of practitioners of 5%.
25th coal mining enterprises must establish enterprises management, spending and production logging system to ensure that each shift at least 1 Director or management personnel on duty at the scene work, and build well registration files.
Coal mining enterprises must put the coal mine owner and a production duty system under the management of the implementation of regularly to all the workers and members of their families and the public, and accept supervision by the masses of workers. 26th coal mining enterprises should set up security troubleshooting, management and reporting system, troubleshoot major workplace hazards and conduct on a regular basis, and troubleshoot every quarter to the city and County (city, district) coal management departments to write a written report.
Found major safety hazards and conduct, must immediately stop production, excluding hazard. Major accident hazards before excluded or unable to guarantee security in the process of elimination, must withdraw from inside the danger zone workers.
Major accident hazards removed, counties (cities and districts) coal management departments check acceptance, and according to the procedures after submitting them for approval before they can resume production.
27th in mining high gas mine or low gassy coal seams with high gas area, must adhere to the pump prior to mining, monitoring, wind and fixed. Mining of coal and gas outburst coal seam outburst prediction, prevention and control must be taken to highlight measures, verification of outburst prevention and control measures, security measures, etc.
The integrated highlight measures taken, should be subject to expert. 28th coal mining enterprises must have suspected exploration, exploration prior to excavation of the water principle, regular water analysis and forecasting, development of water disaster prevention and control measures, and establish a full-time survey water team.
In and around old goaf mining, should be strictly enforced without discussion and not driving, the study does not survey water system.
29th of municipal and County (city, district) coal management departments formed mine rescue team shall, in accordance with the relevant provisions, establish and improve emergency rescue system, preparation of weight, extra large safety accidents in coal mine emergency rescue plan to enhance production safety accident emergency rescue capabilities.
Coal mining enterprises shall, in accordance with the relevant provisions establish a mine rescue team or auxiliary aid organization, preparation of emergency and nearby cities or counties (cities, districts) management of coal mine rescue team formed to sign aid agreements.
Article 30th coal mine when the accident occurred, it should be immediately launched emergency rescue plan, organize rescue, according to regulations and to report on the sector.
Accident of coal mine enterprises to this unit shall not conceal, misrepresent or report them late. 31st coal mining enterprises must follow in extracting coal production safety standards: (a) large and medium coal mine high gas, coal and gas outburst and severe spontaneous combustion and discharge of mine, tons of coal, 8; 5 tons coal in low gassy mine;
(B) small coal mines with high gas, coal and gas outbursts, severe spontaneous combustion and discharge of mine, tons of coal, 10 Yuan; tons of coal in low gassy mine 6. Security costs should be segregated storage of coal production and use by enterprises to arrange, for use with expenditure directly related to coal mine safety production. When extracting security costs should be used when, in principle, section allows the balance carried forward to the next year. End of coal mine enterprise safety of coal production costs should be extracted and reported on the use of counties (cities and districts) tax authorities and coal management departments.
Tax departments and coal management departments found that the coal mine enterprises that violate the provisions of and using the cost of production safety shall be ordered to correct, and according to the relevant provisions.
Coal mining enterprises closed or being closed, the extracted coal production safety-fee balances should be required to pay taxes. Article 32nd coal mining enterprises shall in accordance with the following standards to the County (city, district) coal management departments pay safety production risk mortgage payment: approved production capacity of 150,000 tons (150,000 tonnes), and a base of 3 million Yuan, 100,000 tonnes of 500,000 yuan for each additional, but not more than 6 million Yuan.
Authorized temporary retention of the approved production capacity of 150,000 tons (not including 150,000 tonnes) of coal mine enterprises, in accordance with the standard paid 2 million Yuan. Safety production risk mortgage payments by coal mining enterprises to County (municipal and district) specified in the financial sector financial account store, account management, the County (city, district) people's Government for decision. Safety production risk mortgage payments for coal mine emergency rescue Fund, earmarked for disaster relief and deal with the aftermath of the accident. Coal mine production safety accidents occur during enterprise production and management, the use of safety production risk mortgage coal management departments should be informed of the use of coal mining enterprises. Safety standard of deposit balances less than specified in the first paragraph of this article, the coal management departments shall order deadline of coal mining enterprises to pay.
Coal mining enterprises according to suspend or shut down procedures, completion of close work, and County (city, district) upon the acceptance of coal management departments, safety risk deposit return in full.
The fourth chapter 33rd coal washing and processing of coal marketing products wholesale, retail, law business qualification system.
Coal mining enterprises sold the production and processing of coal and the need for coal operators qualification.
34th article established coal business enterprise, should has following conditions: (a) has with scale phase adapted of registered capital; (ii) has fixed of business places; (three) has with scale phase adapted of facilities and storage coal site; (four) has meet standard of coal measurement and quality test equipment; (five) has meet provides of coal measurement and quality test personnel; (six) meet coal business enterprise reasonable layout and the environmental protection of requirements; (seven) legal, and regulations provides of other conditions.
35th open coal trading enterprises, should be submitted to the municipal or County (City), shangjie district coal management departments to apply and submit the relevant materials, examination and then views, on-site verification in the first instance report and all of the application materials are reported to the provincial coal industry Department for a business certificate.
Applicant business qualification certificate after administration of industry and commerce business license, may engage in business activities.
Coal operators qualification certificate shall not be forged, sale, lease, lend or otherwise transfer. 36th article coal mine enterprise, and coal business enterprise engaged in coal business, shall not has following behavior: (a) doping fake, and shoddy; (ii) monopoly business or to bid up coal price, and low price sales, way not due competition; (three) evasion tax; (four) business no coal production license of coal mine enterprise production of coal products and no coal business qualification of coal business enterprise of coal products; (five) to no coal business qualification card of coal business enterprise sales coal products; (six) legal, and regulations, and
Other acts prohibited by regulations.
37th coal mining enterprises and coal trading enterprises should strictly enforce State regulations on quality management of coal products, its sales of coal product quality shall conform to the State standards or industrial standards.
Coal mining enterprises and coal trading enterprises shall establish and improve coal product quality inspection system on management of coal quality testing on a regular basis, and will check the condition and archived for future reference.
The fifth chapter penalty provisions article 38th acts in violation of these rules, the relevant laws, rules and regulations shall be punished, shall be punished according to relevant laws and rules and regulations: the province people's Government in the fight against illicit and illegal production and coal mining to make special provisions for administrative penalties, according to its provisions.
39th coal mining enterprises in violation of the rules of any of the following acts by the municipal or County (city, district) rectification coal management departments, and fined 5000 Yuan more than 30000 Yuan the following penalties: (a) is not in accordance with the regulations established for mine rescue team or auxiliary rescue organization; (b) not set up weight, extra large safety accidents in coal mine emergency rescue plan.
40th major workplace hazards in coal mine and still produce sound or does not provide for the establishment of coal mine enterprise safety production troubleshooting, management and reporting system, is not corrected within the time limit, the municipal or County (city, district) coal management departments shall be ordered to suspend production for rectification.
41st article coal mine Enterprise violation this approach provides, has following behavior one of of, by city or County (city, and district) coal management sector law give punishment, and drew attention to the city or County (city, and district) Government close coal mine: (a) coal mine no card as or card as not full engaged in production of; (ii) coal mine in three months within two times or two times above found has major safety hidden still for production of; (three) was ordered discontinued reorganization of coal mine unauthorized engaged in coal production of;
(D) there are significant safety risks in coal mine is difficult to control with existing technology; (v) within a month three times or more times found not complying with the provisions of the coal enterprises safety for underground work personnel training or special operations personnel of the undocumented. To close the coal mines, cities or counties (cities, districts) of coal management departments should be ordered to stop production immediately; municipal or County (city, district) people's Government decided to shut down, should be immediately implemented.
Closed mine shall meet the requirements set by the State. 42nd article coal management sector and other about sector of staff has following behavior one of of, by its where units or has management permission of sector law give administrative sanctions; constitute crime of, transferred judicial organ law held criminal: (a) violation provides ultra vires handle administrative approval matters of; (ii) not perform supervision management duties, led occurred production security accident of; (three) failed to effective organization rescue led production security accident damage expanded of; (four) on safety accident hide not reported or delay not reported of
And (e) the illegal imposition of administrative penalty or charge a fee to seek illegitimate benefits; (f) other acts of abuse of power, deception, malfeasance.
Sixth chapter supplementary articles article 43rd these measures shall take effect on February 1, 2006.