For the implementation of the newly revised << People's Republic of China Production Safety Law >>, maintain a unified legal system, according to the law to promote law and order, the State Administration of Work Safety of the relevant non - coal mine production safety department regulations cleaned up. After clean-up, it was decided:
First, the repeal of a regulation to be annulled
«non - coal mine safety facilities construction project design review and final acceptance approach» (December 28, 2004 the State production safety supervision Authority <national Coal Mine safety supervision Bureau> order No. 18 released).
Second, part of the terms of the eight regulations be amended
(a) "non - coal mine safety production license enforcement measures" to make changes.
1. By deleting the first paragraph of Article IV of the "non - coal mine centrally managed corporate headquarters (including group companies, the company and listed companies, the same below) and storing oil and gas pipelines under the provinces (autonomous regions and municipalities) operations Yun points (a) and the company. "
2. By deleting the second Article, "pay special account and production risks against the security deposit
" in the ninth and "safe production supervision and management departments."
3. By deleting the first paragraph of Article 7 "Central management of non - coal mining corporate headquarters and its affiliated provinces (autonomous regions and municipalities) operate oil and gas pipeline transportation points (a) and the company."
4. The deletion of Article 8 9, "pay storage and production safety risk mortgage payment," and the tenth "or Employers' Liability Insurance"; the eleventh revised as: "involving personal safety risk than large offshore oil exploration special equipment and special underground mining equipment from appropriately qualified testing and inspection agency inspection reports issued by qualified testing and access to safe use or a safety mark "; the thirteenth revised as follows:" mine project safety amenities acceptance of a written report. "
5. Deletion of Article XVIII of the first and third content "to the corporate headquarters and its direct management," the "and."
6. Article 26 will be amended as follows:. "Geological exploration units, mining and construction units outside registered provinces, autonomous regions and municipalities in the job, it should be a written report to work above the county level of production safety supervision and management departments"
7. Article 39 will be amended as: "commitment to safety assessment, certification, testing, inspection agency issued false certificates, shall be confiscated; illegal income of 10 million yuan, the illegal income and impose more than 2 to 5 times fine; no illegal gains or the illegal gains are less than 100,000 yuan, a single office or impose a fine of 100,000 yuan to 200,000 yuan; the person in charge and other directly responsible personnel directly responsible for more than 20,000 yuan 5 million fine; the damage caused to others, and construction unit bear joint and several liability; constitutes a crime, be investigated for criminal liability in accordance with the relevant provisions of the criminal Code
"to have any irregularity agency revoked its appropriate qualifications. "
8. The second paragraph of Article 44 of the" registration "to" a written report. "
(Ii)" underground metal and nonmetal mining enterprises leadership class "
1 be amended by deleting Article 7.2
to Article 19, paragraph 2 is amended as....:" Interim provisions on supervision and inspection to go down and not to develop leadership go down with class system; "..
3 of Article 22 of the first to be revised to four:
" (a) the occurrence of accidents in general, a fine of 500,000 yuan;
"(b) there is a greater accident, at a fine of 100 yuan;
" (c) a major accident, a fine of 500 million;
" (iv) the occurrence of major accidents, a fine of $ 20 million. "
(iii)," metal and non-metallic mineral resources, geological exploration production safety supervision and management Interim provisions "to make changes.
1. Article VIII of the "record" to "a written report."
2. The Article 10, paragraph 1 of the first "300" to "100"; the second paragraph is amended as:
"full-time safety management personnel shall have a registered safety engineer." 3. The deletion of Article 11, paragraph "post before serving."
4. Article 23 of the "record" to "management."
5. Article 25 of the "geological exploration units of the following circumstances, shall be imposed; overdue correction, ordered to suspend business for rectification, and may impose a fine of 20,000 yuan" to "geological exploration units the following circumstances shall be ordered to make corrections, may be fined 50,000 yuan; overdue correction, ordered to suspend business for rectification, and impose a fine of 50,000 yuan to 100,000 yuan, the personnel directly responsible and other directly responsible personnel at more than 10,000 yuan to 20,000 yuan fine. "
6. The twenty-seven the "record" to "a written report."
(D) of the "tailings safety supervision and management regulations" to make changes.
1. By deleting the first paragraph of Article VI ", may be served."
2. Article 7 shall be amended as follows:. "State Administration of Work Safety within the scope of responsibility of the State Council is responsible for the safety review of the facility design Tailings Project
" tailings other than those specified in the preceding paragraph library construction project safety design review by the provincial safety production supervision and management departments to make provision in accordance with the principles of hierarchical management.
3. 9 (2) by deleting the "and" non - coal mine safety facilities construction project design review and final acceptance approach "."
4. The Article 11 is amended as follows: "tailings facility construction project should have a safety design, tailings dam site and tailings dam stability, reliability tailings flood protection, drainage facilities and security facilities were observing fully demonstrated. "
5. The sixteenth amended as follows:. "Tailings facility construction project safety commissioning shall submit a written report to the production safety supervision and management departments, test run time should not exceed six months and shall not exceed the initial discharge tailings dam crest elevation test after the end of the run, the construction unit shall organize the completion of safety equipment, and the formation of a written report for future reference.
"production safety supervision and management departments should strengthen the construction unit inspection activities and monitor and verify the acceptance of the results. "
6 deleting article 17 of the first paragraph." Production safety supervision and management department "
7 to Article 23 amended as follows:.." Production units should establish tailings accidents investigation and management system, according to the rules and «tailings technical Specification >> provisions, to detect and eliminate hidden hazards. Accidents investigation and management should truthfully record the situation, the establishment of troubleshooting, file management, and informed practitioners. "
8. Deletion of Article 27, paragraph 2," Safety pre-assessment report should be filed with the safety production supervision and management department. "
9. Deletion of Article 29 in the first paragraph," and the preparation of special security papers ".
10. Article 30 deleting the" production units application "and a second term.
11. Article 31 of the" production units submit tailing Dams closing application engineering safety inspection report to the production safety supervision and management departments, shall include the following and information "was changed to:" production units organized tailing Dams closing engineering safety inspection, and should review the following information "
12 to Article 33 amended as follows:.." production safety supervision management departments should strictly in accordance with relevant laws and administrative regulations, national standards, industry standards and requirements of the present and 'classification of territorial' principle, conduct tailings facility construction project safety design review; do not meet the prescribed conditions shall not be approved. Review may not be charged. "
13 by deleting in Article 39." Article 23 "; added as the second paragraph:" production units or tailings management unit violates the provisions of Article 23 of these Rules, in accordance with «production safety law >> the imposition of penalties. "
(V)" small quarry safety management and supervision and inspection requirements "
1 will be amended in Article 4.2 amended as follows:.." Small Open quarrying field main person in charge shall be subject to production safety supervision and management departments pass the examination and obtain security credentials. "
2 of the fifth paragraph of Article amended as follows:." Safe production management personnel should be qualified and obtain safety qualification certificate by the production safety supervision and management department of assessment in accordance with relevant state regulations. ".
3 of Article 10 is amended as:" a small quarry new construction, renovation, expansion project safety facilities shall perform in accordance with the design review process. ".
4 by deleting Article 31 of the" safe production supervision and management department "..
5 to Article 37 is amended as:" in violation of the provisions of Article X the first paragraph shall be ordered to stop construction or stop business for rectification within a time limit; if it fails, at more than 500,000 yuan fine of 100 yuan, the person in charge and other directly responsible personnel directly responsible for 20,000 yuan more than 50,000 yuan fine; constitute a crime, be held criminally responsible in accordance with the relevant provisions of the criminal Code. "
(F) of the" non-coal mine safety management outsourcing project Interim Measures "to make changes.
1. After the third paragraph of Article increase", regular safety checks and found security issues, it shall supervise the rectification ".
2. Article 21, paragraph 3 by deleting" post before the appointment ".
3. Article 23 of the the first paragraph is amended as: "the contractor shall in accordance with relevant provisions of the construction program, to strengthen the safety management of field operations, to detect and eliminate potential accidents, the implementation of the regulations and safety procedures. ".
4 of Article 33 will be amended as:" issuing unit and contracting unit, the overall contractor and sub-contractor did not sign safety management agreement pursuant to the provisions of Article VIII, and ordered deadline correction may be fined not less than 50,000 yuan, the person in charge and other directly responsible personnel directly responsible may be fined 10,000 yuan; overdue correction, ordered to suspend business for rectification. ".
5 Article 37 will be amended as:" contractor breach the provisions of Article 22 of the contract security unit investment funds for other purposes, and ordered to make corrections, give warning, impose a 10,000 yuan and 30,000 yuan fine.
"Not contractor investigation and management of accidents, and ordered the immediate elimination in accordance with the provisions of Article 23 of the deadline or eliminate; contractor refuses to do so, ordered to suspend business for rectification, and impose a 100,000 yuan a fine of 500,000 yuan or more, the person in charge and other directly responsible personnel directly responsible for 20,000 yuan more than 50,000 yuan. "
6. The first paragraph of Article 38 is amended as: "contractor in violation of the provisions of Article 20 of the project department lax management, project officers conduct safety education and training and assessment is not regularly or not the project the Ministry of Security production inspection, shall be ordered to make corrections, may be fined 50,000 yuan; overdue correction, ordered to suspend business for rectification, and impose a fine of 50,000 yuan to 100,000 yuan, the personnel directly responsible and other directly responsible a fine of 10,000 yuan to 20,000 yuan. "
(vii) of the" Offshore oil production safety regulations "to make changes.
1. Article 7.2 will be amended as: "the main person in charge of operations and engaged in geophysical prospecting, well drilling, well logging, well testing, downhole operations and other activities of contractors and offshore oil production facilities, security managers should follow provisions administration of Work safety, through safety qualification training, have the appropriate safety knowledge and management capacity, obtain safety qualification certificate after passing an examination. "
2. The deletion of Article 11, paragraph "Safety pre-assessment report after assessments reported CNOOC Safety Office for the record."
3. The Article 14 shall be amended as follows:. "Offshore oil production facilities normal production after the trial should be conducted by the completion and acceptance of its security facility operator or contractor responsible for the organization, and the formation of a written report for future reference"
|| | 4. Article 28 will be the fourth in the "construction project supervision and inspection of offshore oil production facilities," three simultaneous "situation, the record management responsible for the construction project safety pre-assessment report, the organization" to "monitor and verify the offshore oil."
5. "Article XI, 13, and a twenty
" and fifth in the deletion of Article 43 the third.
(Viii) "Offshore Oil Safety Management Regulations" to make changes.
1. The first paragraph of Article VII of the "Offshore Oil Safety Office to apply for final acceptance of safety" to "Organization for Security and final acceptance."
2. The first paragraph of Article XIII "registration application" to "a written report."
3. The article 14 is amended as: "Upon review and site inspection compliance, the operator or contractor awarded offshore field (well) to extend the test facility notice; the information, on-site facilities, which do not comply with the security situation timely written notice to the operator or contractor for rectification. "
4. Deletion of Article 33 of the "ship is not the formalities of registration, shall not be used as guard ship."
5. Deleting Article 83 of the "state of abandonment implement record management."
6. Article 88 will be amended as follows:. "Operator and the contractor is responsible for production management and security staff should have the appropriate safety knowledge and management capacity, CNOOC Safety Office by passing the examination"
7. Deletion of Article 110 of the "extended test facility and abandonment."
8. Deletion of Article 113, "to extend the test facility and abandonment."
In addition, the order of the provisions of the relevant regulatory authorities and individual character expressions have been adjusted accordingly.
This decision shall come into force July 1, 2015.
Modify departmental regulations accordingly amended according to this Decision and promulgated anew.