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State Administration Of Safety Supervision On Modifications ‹ Coal Mine Safety Supervision Management › Five Decisions Of The Department Of Coal Mine Safety Regulations

Original Language Title: 国家安全监管总局关于修改‹煤矿安全监察员管理办法›等五部煤矿安全规章的决定

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  In order to implement the new changes of the People's Republic of China Law on production safety, maintain the uniformity of the legal system, law and order, State administration of production safety supervision and management regulations on coal mine safety have been cleaned up. After cleanup, now decided on coal mine security monitored member management approach, five Department regulations be modified: a, and on coal mine security monitored member management approach made modified (a) will first article modified for: "for strengthening and specification coal mine security monitored member management work, guarantees coal mine security monitored Member law administrative, according to civil servants method, and safety method, and coal mine security monitored Ordinance, legal regulations, developed this approach. "(B) the article is changed to:" the State production safety supervision and Management Office, according to the management authority for the provincial coal mine safety supervision Bureau of coal mine safety inspectors graded management. "(Iii) amend article fifth:" coal mine safety inspectors from the State administration of work safety examination and issuing coal mine safety supervision of law enforcement certificates. "(D) the seventh fourth amended as:" participation in coal mine safety facilities of construction project design review and construction supervision and verification of completion and acceptance of inspection activities and results. "(E) the article 21st fourth amendment as follows:" any potential accident is discovered or affecting coal mine safety violations are not processed in a timely manner in accordance with law or report.

"Second, an overhaul of the coal mine safety supervision of administrative penalties (a) second and third in the" Office "is amended as" branches ".

(B) in the fifth "coal mine safety inspectors certificate" is amended as "coal mine safety supervisory law enforcement." (Three) will seventh article modified for: "coal mine or construction units has following behavior one of of, ordered stop construction or discontinued closed reorganization, deadline corrected; late not corrected of, at 500,000 yuan above 1 million Yuan following of fine, on its directly is responsible for of competent personnel and other directly responsibility personnel at 20,000 yuan above 50,000 yuan following of fine; constitute crime of, in accordance with criminal about provides held criminal:" (a) not according to provides on coal mine construction project for security evaluation of; " (B) the mine without safety facilities of construction project design or designs of safety facilities are not in accordance with the provisions submitted to the examination and approval of the authorities "(c) coal mine construction project construction units are not in accordance with the approved safety facilities design and construction" (iv) coal mine construction projects completed and put into production or use, without acceptance of safety facilities.

"(D) by deleting the eighth and Nineth, 11th.

(E) the 13th to tenth and amended as: "coal mine not legally extract or using special funds for safety technical measures of coal mine, a rectification, provided the necessary funds; it fails, fines of between 50,000 yuan shall be ordered to suspend production for rectification. "There are violations in the preceding paragraph, causing a production safety accident, on coal mine main responsible for dismissal, on management of individual investors a fine of less than 20,000 yuan and 200,000 yuan constitutes a crime, criminal responsibility shall be investigated in accordance with law.

"(Vi) by deleting article 14th.

(VII) of article 24th "coal production license" is amended as "safe production license".

(Eight) will 25th article to 22nd article, modified for: "coal mine violation about safety legal, and administrative regulations of provides, refused to, and hinder coal mine security monitored institutions law implementation supervision check of, ordered corrected; refused to corrected of, at 20,000 yuan above 200,000 yuan following of fine; on its directly is responsible for of competent personnel and other directly responsibility personnel at 10,000 yuan above 20,000 yuan following of fine; constitute crime of, in accordance with criminal about provides held criminal. "Coal mines to provide false information, or concealing the existence of hidden dangers of accidents and other safety problems, warning by the coal mine safety supervision organizations, 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. "(IX) the 26th to 23rd, is revised as follows:" coal mine accidents, in charge of coal mine, coal mine and other relevant units and personnel, in accordance with the Safety Act and other relevant laws, administrative regulations, the provisions of administrative penalty constitutes a crime, criminal responsibility shall be investigated in accordance with law. "Third, the coal mine safety facilities of construction project supervision regulations amendments (a) the fifth is amended as:" coal mine construction projects construction, their designs of safety facilities should be reviewed by the coal mine safety supervision organization agreement completed and put into production or use, safety facilities and safety conditions at the mine construction unit acceptance. Acceptance of coal mine safety supervision organization shall strengthen the construction activities and supervision and verification of the results.

"(B) the sixth section is revised as follows:" coal mine safety facilities of construction project design review by the coal mine safety supervision organization design or add new production capacity, responsible for grading.

"(A) the design or the production capacity of 3 million tons/year and above the underground coal mine construction projects and more than 10 million tons/year and of opencast coal mine project, reviewed by the State administration of coal mine safety supervision Bureau is responsible for the design. "(B) the design or the production capacity of 3 million tons/year of underground coal mine construction project and 10 million tons/year of open-pit coal mine construction projects for design review by the provincial coal mine safety supervision Bureau. "(C) the seventh article is revised as follows:" is not the establishment of coal mine safety supervision authorities of provinces, autonomous regions, provinces, designated by the autonomous regional people's Government responsible for the coal mine safety supervision departments are responsible for the provision of design review provided for under article sixth. "(D) the article is changed to:" the project of approval by the provincial coal mine safety supervision Bureau, should be reported to the State administration of coal mine safety supervision Bureau.

"(E) by deleting the 12th in the" evaluation report and in the 30th as provided in article sixth coal mine safety watchdog for the record. " (Vi) the 19th article is revised as follows: "construction of project examination and approval, approval or for the record file. "Adding a, as the third item:" mining permit or approval document of the mining areas. "(VII) modified the 26th to:" after the coal mine construction project is completed, should be formally put into production or joint commissioning before using.

Joint commissioning time is 1-6 months, there are special circumstances need to be extended, total length must not exceed 12 months. "The coal mine construction project joint commissioning should be prescribed with the approval of the competent authorities concerned.

"(H) the 29th is amended as:" coal mine construction project safety equipment shall be checked by the coal mine owner was responsible for organizing and security conditions; without the acceptance of, and shall not be put into production and use. "Coal mining multi-level management of construction unit, which shall be in charge of construction projects construction work on the unit level with the legal personality of the company (units) is responsible for organizing acceptance.

"(I) by deleting the 30th and 31st.

(10) the 32nd to 30th, will be one of the "coal mine safety watchdog received upon acceptance of the application, shall review the report information and organize on-site inspection" is amended as "construction on the units or their level of coal companies with legal personality (unit) organizations acceptance, shall review the relevant information and organizing on-site inspection".

(11) by deleting article 33rd. (12) the 34th to 31st and amended as: "in violation of this provision, by the coal mine safety supervision organization or province, designated by the autonomous regional people's Government is responsible for safety production of coal mine safety supervision work of the Department in accordance with the law and other relevant laws, administrative regulations, the provisions of the administrative punishment constitutes a crime, criminal responsibility shall be investigated in accordance with law. "(13) in the 35th to 32nd and amended as:" coal mine safety facilities of construction project design review application form style, developed by the State administration of coal mine safety supervision Bureau.

"Four, the coal mine enterprise safety production license to modify the measures for the implementation of (a) the fourth amended as:" the State administration of coal mine safety supervision Bureau to guide and supervise the national coal mine safety production license issued by management. "The State administration of coal mine safety supervision Bureau in the province, autonomous region, or municipality directly under the establishment of coal mine safety supervision Bureau and the coal mine safety supervision Bureau responsible for central management of coal mine Enterprise (Corporation, company, public company) other than the issuance and management of coal mine enterprise safety production license; is not the establishment of coal mine safety supervision authorities of provinces, autonomous regions, provinces, Designated by the autonomous regional people's Government departments (hereinafter collectively, the provincial safety production with the provincial coal mine safety supervision Bureau licensing authority) responsible for the Administration in the issuance and management of coal mine enterprise safety production license. "(B) increased in the seventh paragraph, second paragraph:" the coal and gas outburst and complicated hydrogeological type mines should set up specialized prevention and treatment of coal and gas outburst mechanism and prevention of water bodies. "(C) increased in the tenth paragraph, second paragraph:" mine concealed causal factors should be conducted census.

"(D) by deleting article 14th.

(E) the 33rd in the "Office" is amended as "branches". (Six) will 41st article modified for: "bear security evaluation, and detection, and test work of institutions, issued false security evaluation, and detection, and test report or proved of, confiscated illegal proceeds; illegal proceeds in 100,000 yuan above of, and at illegal proceeds twice times above 5 times times following of fine, no illegal proceeds or illegal proceeds insufficient 100,000 yuan of, single at or and at 100,000 yuan above 200,000 yuan following of fine,

Directly responsible to the charge and the other persons of between 50,000 yuan and 20,000 yuan fine causing harm to others, and assume joint and several liability of the coal enterprises constitutes a crime, criminal responsibility shall be investigated in accordance with law. "For organizations where there are violations of the preceding paragraph, revoked the corresponding qualification.

"(VII) by deleting article 49th. Five, the leadership shift in coal mine underground and safety supervision and inspection provisions of the amended (a) in the fourth paragraph is amended as: "coal mine in these rules refers to coal mines and construction, reconstruction, expansion, technological innovation and resource consolidation and restructuring of construction mining and construction units. "The third paragraph as follows:" building mine lead, refers to the mine owner and mine construction company for the construction of the main principals, members of the leading group and Deputy Chief Engineer.

"(B) by deleting the fifth paragraph in the" construction unit (hereinafter referred to as coal mines, hereinafter the same). " (C) the article is changed to: "the system of coal mine under the leadership shift well should be submitted according to the mine's affiliation local coal industry Management Department, with a copy to coal mine safety supervision and management departments and resident of coal mine safety supervision organizations. "(D) the Nineth article is changed to:" enhance coal mining, tunneling, ventilation and other key parts, key aspects of the inspection visit, comprehensive master mine production safety conditions. "(E) the 18th article is changed to:" establish and improve the system of coal mine under the leadership shift well. "(Six) will 20th article modified for:" on occurred accident and no coal mine led shift Xia well of coal mine, law ordered discontinued reorganization, temporarily buckle or revoked coal mine safety license, and in accordance with following provides sentenced fine; plot serious of, drew attention to the about government law be close: "(a) occurred General accident of, at 500,000 yuan of fine;" (ii) occurred larger accident of, at 1 million yuan of fine; "(three) occurred major accident of, at 5 million yuan of fine;" (D) special accident occurred, 20 million yuan in fines. "(Seven) by deleting to 21st article in the of" and Manager qualification card "; will second paragraph modified for:" coal mine of main head not perform safety method provides of safety management duties, led to occurred production security accident, by criminal punishment or dismissed disposition of, since penalty implementation finished or by disposition of day up, 5 years within shall not served as any production business units of main head; on major, and special major production security accident has responsibility of, lifelong shall not served as coal mine of main head.

"In addition, the provisions of relevant regulations and individual words in order to make the appropriate adjustments.

This decision shall take effect on July 1, 2015. The management measures of coal mine safety inspectors be consequential amendments to five regulations under this decision promulgated anew.