Hebei Province To Implement The State Council Special Regulations On Coal Mine Production Safety Accident Prevention Measures

Original Language Title: 河北省实施《国务院关于预防煤矿生产安全事故的特别规定》办法

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(On March 16, 2006 Hebei Province Government 62nd times Executive Conference considered through on March 21, 2006 Hebei Province Government makes [2006] 3rd, announced since announced of day up purposes) for implement State on prevention coal mine production security accident of special provides (following referred to special provides), timely found and excluded coal mine safety hidden, prevention coal mine production security accident occurred, guarantees workers of life security and coal mine enterprise safety,
    Some main problems in coal mine production safety accident prevention, these measures are formulated. First, that responsibility for production safety accident prevention 1, coal enterprises are the main responsibility of production safety accident prevention.
    Coal mining enterprises (including control system of coal mining enterprises of people) the primary responsibility for prevention of coal mine production safety accidents. Coal mining enterprises must establish and improve various personnel responsibility system for production safety, safety responsibilities to grass-roots teams and groups, and individuals.
    Coal mining enterprises must be based on mine safety regulations, norms and standards, establish and improve the safety management system and operating rules to ensure that management personnel management, personnel operation.
    2, production management of coal mine enterprise must be dedicated, full-time safety Manager.
    The mine must be equipped with safety management of coal mine Enterprise full-time Deputy Director and responsible for ventilation, geological survey, water control and other aspects of professional and technical personnel.
    Owner shall not be responsible for security management of coal mine Enterprise concurrently to other duties.
    3, full-time head responsible for safety management of coal mine enterprise safety investment of enterprises, safety facilities improvement, safety assessment matters such as reward and punishment has the right and the right of veto.
    4, the people's Government of coal mine production safety accident prevention should be included in the responsibility system for production safety management system regularly to study and solve major problems in coal mine production safety accident prevention, organization management of production safety supervision and management in coal mine, coal, the coal mine safety supervision, land and resources, administration for industry and commerce, public security and other departments and agencies on the coal enterprise joint law enforcement inspection, urged coal mines to exclude security risks.
    5, the coal mine safety supervision and management departments and coal management departments, the coal mine safety supervision agencies on areas of major coal mine enterprise safety production risk and responsibilities responsibility to check and investigate and punish the violations.
    Departments of land and resources in the area of coal mining enterprises mining license-free mining and not mining permit provisions of the Mining Act of inspection and investigation of duties according to law.
    The jurisdiction of the Administrative Department for industry and commerce business license-free exploitation of coal mining enterprises in the region have checked and investigated responsibilities according to law.
    6, is responsible for issuing mining permits, safety production permits, coal production permits, business licenses and the Manager certificate and mine safety certificate of the departments and agencies shall, in accordance with legal procedures to be completed within the prescribed certificate of approval, issuance, continuation, change, cancellation, revocation.
    Departments and agencies provided for in the preceding paragraph, to those who do not meet the statutory criteria of coal mine enterprise or Manager issuing the license, given to the person directly responsible according to the seriousness of demotion, removal from Office or dismissal sanctions; given to charge according to the seriousness of demerit, demotion, dismissal or discharge any constitutes a crime shall be investigated for criminal liability. 7, the relevant departments and agencies shall, in accordance with the following provisions on access to licenses for day-to-day supervision and management of coal mine Enterprise: (1) Department of land and resources in accordance with the People's Republic of China Law of mineral mining licence shall be issued, as well as relevant provisions of management to obtain a mining permit for day-to-day supervision and management of coal mine enterprise.
    Found coal mining enterprises fail to obtain mining permits shall be provided with conditions or not complying with the provisions of the coal enterprises to fulfill obligations of resource extraction, should be made in accordance with the provisions of relevant laws and regulations. (2) coal mine security monitored institutions according to State security production license Ordinance national safety supervision management general coal mine enterprise security production license implementation approach and safety training management approach of provides, on made coal mine safety license, and Manager security qualification card of coal mine Enterprise for daily supervision management, on Manager security served qualification for supervision assessment, found coal mine Enterprise up not to provides of made security production license should has of conditions or manager not has security served qualification of,
    Shall be made in accordance with the provisions of relevant laws and regulations.
    (3) coal mine safety supervision management sector, and coal management sector according to People's Republic of China coal method and Manager qualification card management of about provides on made coal production license, and Manager qualification card of coal mine Enterprise for daily supervision management, on Manager served qualification for supervision assessment, found coal mine Enterprise up not to provides of made coal production license should has of conditions or manager not has served qualification of, should in accordance with about legal, and regulations of provides made processing.
    (4) coal mine enterprises by administrative departments for industry and commerce business license regulations on access to industrial and commercial business license of day-to-day supervision and management of coal mine enterprise, found that provisions of the coal mining enterprises not up to achieve the conditions of industrial and commercial business license shall be made in accordance with the provisions of relevant laws and regulations.
    8, is responsible for issuing permits, according to the relevant departments and agencies in violation of the provisions of the preceding two, be investigated by the supervisory organs according to the JI. Second, the identification of illegal coal mines 9, coal mine safety production of enterprise is not legally obtained mining license, permit, coal production permits, business licenses and the Manager was not legally obtained the Manager certificate and mine safety certificate, may not engage in production of coal mine.
    Without authorization to engage in production, illegal coal mines. 10, and about sector or institutions by following Division on illegal coal mine for check, and finds: (1) not law made mining license of, by land resources sector is responsible for check, and finds; (2) not law made security production license, and Manager security qualification card of, by coal mine security monitored institutions is responsible for check, and finds; (3) not law made coal production license, and Manager qualification card of, by coal mine security supervision management sector is responsible for check, and finds; (4) not law made license of,
    Industrial and commercial administrative departments are responsible for checking and identification.
    Determined by the inspection, illegal coal mines, finds that Department or agency in accordance with the law to deal with at the same time, shall be informed of the results in other departments or agencies that issued the license. 11, relating to illegal coal mines by County and township people's Government assigned guard before the decision not to deal with, prohibiting all production activities and to prevent the continuation of illegal production.
    Refusing to execute shutdown command, continued illegal production, powered by the police, and other departments to take compulsory measures to stop it. Township government and the about sector not take effective stop measures of, on Township government and the about sector main head and has responsibility of related head, according to plot weight, give downgraded, and dismissed or fired of administrative sanctions; in County Government by's regional within 1 months within found has 2 at or 2 at above illegal coal mine and no take effective stop measures of, on County Government main head and has responsibility of related head, according to plot weight, give downgraded, and
    Administrative sanctions shall be removed from Office or dismissal constitutes a crime, criminal responsibility shall be investigated according to law.
    12, the districts of city and County found illegal coal mines in the area, lower level people's Governments failed to take effective measures to stop it, immediately instructed the supervisory organ of the same level should be responsible in the investigation.
    Surveillance after authorities received notification of the people's Governments at the corresponding level, law and discipline should be investigated and dealt with. Third, measures of coal mine production safety accident prevention 13, no new coal production is strictly prohibited during the expansion of coal mining enterprises in the reconstruction and expansion of regional production.
    Breaking the rules, be investigated and prosecuted in accordance with relevant laws and regulations.
    14, coal mines must be in accordance with the relevant provisions of the mine production capacity and ventilation capacity checking, according to the approved production capacity of production planning and production plans into the quarter, month.
    Not mine production capacity and ventilation capacity checking of coal mining enterprises engaged in production, rectification by the coal mine safety supervision and management departments, and fines of between 30,000 yuan. 15, and coal mine safety supervision management sector, and coal mine security monitored institutions found or received reported, by check true, coal mine Enterprise exists following behavior one of of, on the coal mine enterprise at 10,000 yuan above 30,000 yuan following fine: (1) not in induction Qian to job personnel description post operation and security prevention measures of; (2) knows job behavior has may raised disaster, still ordered job personnel by general practices for job of; (3) found has roof, and permeable, and
    Disasters such as gas concentration exceeding limits, signs and other threats to personal safety of miners when did not immediately stop operations, evacuation to a place of safety. 16, and coal mine enterprise should by following provides regularly troubleshooting, and governance safety hidden and established troubleshooting archives, and by provides to about sector report: (1) monthly organization security, and technology management personnel on mining, and dig into, and ventilation, and electromechanical, and upgrade, and transport, and water control, link for once security hidden troubleshooting, and will row found of problem timely for rectification, rectification situation remember into troubleshooting archives; (2) troubleshooting in the found special provides eighth article second paragraph provides of major safety accident hidden Shi, Must immediately stop production, excluding risks; (3) after the end of each quarter, coal mining enterprises shall be affiliated to 7th will troubleshoot the situation above the county level in coal mine production safety supervision and management departments and the written report on the coal mine safety supervision organization.
    Includes security troubleshooting, corrective action and the focus of the investigation in the next quarter, the report shall be signed by the heads of enterprises.
    Coal mining enterprises is not in accordance with the provisions of the preceding paragraph the investigation and report, by the coal mine safety supervision and management departments or the coal mine safety supervision organization in accordance with the special provisions specified in article Nineth of administrative penalties. 17, coal mine enterprises to recruit employees, must be safety education and training, and the establishment of training files.
    Did not participate in education and training in production safety or training are not qualified, not logging operations.
    No training coal enterprises, shall entrust the safety education and training institutions with training qualifications for practitioners in education and training.
    18, coal mining enterprises and production management personnel should be required take turns on duty well, and set up logging registration files.
    Coal mine business owners and management personnel on duty well with staff on duty well down while at the same time.
    19, coal mining enterprises and production management personnel on duty well you should perform the following duties: (1) mastering shift underground situation of production safety inspections of key sites, key links, (2) discover and eliminate potential accidents, acts of violation, and (3) when found to endanger workers ' safety, to take immediate emergency measures such as discontinued, withdrawn person. Four, coal enterprises suspend production for rectification of 20, coal mining enterprise has the special provisions listed in the eighth paragraph of major workplace hazards and acts, should immediately stop production, excluding risks.
    Still, by the relevant authorities or bodies in accordance with the special provisions on the tenth, 11th and 12th article be investigated and prosecuted.
    21, after receiving the notice shall be ordered to suspend production for rectification of coal mining enterprises must immediately cease production and make improvement plan and implement corrective action responsibility, money, and security measures.
    Corrective action should include corrective action projects, objectives, timeframes, scope, number of jobs, as well as during the rectification of safety measures and so on.
    Coal mining enterprises to stop production during the reorganization, must ensure that the fan runs 24 hours on the ground, normal operation of the monitoring system, to continue to organize underground drainage, in strict accordance with corrective actions under the control of the number and production for any reason is strictly prohibited. 22, coal mining enterprises to suspend production for rectification, and people's Government and the departments concerned should take the following measures: (1) supervision of coal mining enterprises to develop corrective measures, preparation of the reform programme, according to prescribed procedures for approval to organize its implementation; (2) supplies, electricity, fire workers number well under control.
    The local public security organs and related power supply enterprises shall, in accordance with the decision to suspend production for rectification orders Department, notification, control or stop the fire power supplies and power supply (3) assigned guards and patrols, identify problems and report.
    Governments and sectors due to inadequate supervision measures, coal companies continue to produce, during suspend production for rectification, the directly responsible according to the seriousness of, demerit, demotion, removal from Office or dismissal sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    23, was ordered to suspend production for rectification of the corrective action requirements to resume production after the end of coal mining enterprises should apply in writing in accordance with the following provisions: (1) the County are villages and towns coal mine enterprises to coal mine production safety supervision and Administration Department of the people's Governments at the county level, (2) other coal mine located in municipal coal mine safety supervision and management departments. Relevant departments of the provisions of article 24, the former after the resumed production applications received, shall, within 60 days, in accordance with the special regulations and troubleshooting, and State administration of production safety supervision and management of the coal mine shut down implementing procedures (draft) provisions to suspend production for rectification of coal mine Enterprise acceptance.
    Acceptance by the departments and agencies that issued the license release license, coal mine before they can resume production.
    Five, and coal mine enterprise of close 25, and coal mine enterprise has following case one of of, should close: (1) no card or card as not full illegal production of; (2) close Hou and unauthorized recovery production of; (3) by reorganization still up not to safety conditions, not made security production license of; (4) not implementation discontinued reorganization instruction unauthorized for production of; (5) 3 months within two times or two times above found has major safety hidden, still for production of; (6) discontinued reorganization acceptance not qualified of;
    (7) within 1 month 3 times or 3 times or more in accordance with the relevant provisions of the State to safety in the underground work personnel education and training or special operations personnel of the undocumented (8) according to the relevant State industrial policies other coal mining enterprises should be closed.
    26, would shut down coal mining enterprises, departments or organizations shall be ordered to immediately stop production, and the people's Governments at the same level in the 2nd to draw close, while level Department or agency on the copy. 27, the Government received recommendations for closed coal mine report, should make decision to close or not to close in 7th, and signed by the main owner, registration files.
    Governments make close decisions, should be immediately implemented.
    28, closing coal mining enterprises shall meet the following requirements: (1) revocation the relevant license, (2) stop supplies and pyrotechnic products (3) stopping power, dismantle the mine production facilities, power supply, communication lines, (4) closed and filled mine shaft, formation of the well sites, restoring landforms, (5) properly to dismiss employees.
    29, to shut down coal mining enterprises, organized by the municipal people's Government of the district inspection, acceptance.
    30, the people's Governments above the county level in coal mine production safety supervision and management departments, coal mine safety watchdog to suspend production for rectification, or close a coal mining enterprise, from the coal mine was ordered to suspend production for rectification or close within 3rd day of notice in the local media.
    Enterprises in coal mine was ordered to suspend production for rectification by the qualified acceptance to resume production, the people's Government above the county level coal mine safety supervision and management departments, the coal mine safety supervision organizations shall from the date of acceptance of coal mining enterprises to resume production in the same media in the 3rd announcement. Six, and on coal mine Enterprise refused to implementation law enforcement instruction, violations of investigation 31, and coal mine Enterprise refused to implementation coal mine safety supervision management sector or coal mine security monitored institutions law issued of law enforcement instruction of, issued law enforcement instruction of sector or institutions should immediately to local police organ and about issued card as of sector report, by issued card as of sector revoked Manager qualification card and Manager security qualification card; constitute violation security management behavior of, by police organ in accordance with security management of legal, and administrative regulations of provides punishment
    Constitutes a crime, criminal responsibility shall be investigated according to law.
    32, mining enterprises, one of the following acts, statutory upper limit for penalty sanctions: (1) refusal to implement the directives of the authorities; (2) found that more than twice of the same offence, and (3) providing false information, and (4) delay the report of production safety accidents.
    Seven, for violating the rule invest in investigation of coal mine Enterprise 33, breach of the regulations of the State functionaries and heads of State-owned enterprises invested in coal mines (except for legally obtained shares of listed companies), may not be condone or cover up violations of the coal mining enterprises.
    Staff of national administrative authorities and heads of State-owned enterprises in violation of the provisions of the preceding paragraph, depending on the seriousness, demoted, dismissed or expelled from the punishment constitutes a crime, criminal responsibility shall be investigated according to law.
    State personnel and heads of State-owned enterprises in violation of regulations, invest in coal mine enterprise, law and discipline shall be investigated and dealt with by the monitoring authority.
    Eight, for coal enterprises reported significant workplace hazards or violations of 34 for, any unit and individual have the right to mine enterprises of major workplace hazards and safety violations, the people's Governments above the county level coal mine safety supervision and management departments or coal mine safety watchdog reported.
    35, and reported has following case one of, and by verification true of, first accepted reported of sector or institutions should give first whistleblower 1000 Yuan to 10,000 yuan of award, award funds included sibling financial budget: (1) reported illegal coal mine of; (2) reported coal mine Enterprise illegal production of; (3) reported coal mine Enterprise major safety hidden of; (4) reported hide coal mine Enterprise casualties accident of;
    (5) reporting of State personnel and heads of State-owned enterprises invested in coal mines and other coal mine safety violations related to the illegal acts; (6) reported other illegal violations of safety production of coal mine enterprise.
    Admissibility of departments or agencies should be reported to the public telephone (fax), e-mail address, mailing address, postal code and bonus schemes.
    36, the coal mine safety supervision and management departments or the coal mine safety supervision organization after receiving the report, shall promptly investigate and deal with; not promptly investigated, those responsible, according to the circumstances, give him a warning, demerit, demerit and demotion penalty.
                            37 this approach come into force on the date of promulgation.

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